LAWS(KAR)-1988-7-8

BANGALORE HORTICULTURAL PRODUCERS MARKETING IT PROCESSING CO OP SOCIETY LIMITED Vs. DEPUTY REGISTRAR OF CO OP SOCIETIES BANGALORE DIST

Decided On July 04, 1988
BANGALORE HORTICULTURAL PRODUCERS MARKETING IT PROCESSING CO-OP. SOCIETY LIMITED Appellant
V/S
DEPUTY REGISTRAR OF CO-OP. SOCIETIES, BANGALORE DIST. Respondents

JUDGEMENT

(1.) This is a writ petition filed by the petitioner-The Bangalore Horticultural Producers Marketing & Processing Co-operative Society Ltd., challenging the legality and coirectness of the order passed by the Karnataka Appellate Tribunal in revision petition No. 66 of 1987, disposed of on 27-1-1988.

(2.) Apart from the delay in approaching this Court for relief, one is surprised that the petitioner has approached this Court under Articles 226 and 227 of the Constitution of India at all.

(3.) The facts leading, to the writ petition may be stated and they are as follows: - The 3rd respondent raised a dispute which came to be referred to the 1 st respondent. The substance of the dispute was that the petitioner Co-operative Society owed certain sums of money to the 3rd respondent (before the Arbitrator) the 1st respondent in this Court. Certain documents which included the Resolution Book and Accounts Books was directed to be produced before the Arbitrator. Against that order of the Arbitrator directrig the production of certain documents, a revision was preferred inter-alia contending that the Resolution Book was a Confidential document and so could not be produced and that the accounts for the relevant year had been audited and therefore they were not available with the petitioner Co-operative Society. The Tribunal has held that the Resolution Book of the above Society is not a confidential document and also it has held that there was no reason why the books of accounts should not be presumed to be in the possession of the Co operative Society and whan there was no averment as to why they were not with it. Therefore, it dismissed the revision petition.