MANAGING DIRECTOR, M.P. STATE MARKETING FEDERATION AND ORS. Vs. REGISTRAR, CO-OPERATIVE SOCIETIES AND ORS.

JUDGEMENT

(1.) THE respondent No. 2/tenderer in terms of agreement entered into between the parties, raised a dispute before the Registrar, Co -operative Societies, under Section 64 of MP/CG Co -operative Societies Act, 1960 (for short, the Act, 1960).

(2.) THE registrar, Co -operative Societies, in exercise of power conferred under Section 66(3) of the Act, 1960, transferred the said dispute to Assistant Registrar, Sahakari Sansthayen, Rajnandgaon for disposal in accordance with law. Subsequently, Deputy Registrar of Co -operative Society was posted on the said post and ultimately the Deputy Registrar, Co -operative Society passed the order on 09.03.2000 dismissing the claim of respondent No. 2 herein and allowing the counter claim of petitioners herein.

(3.) ON rule being issued, counter affidavit has been filed on behalf of respondent No. 2 herein stating inter alia that against the order of Registrar, further remedy of Second Appeal was available to the petitioners, and as such, the writ petition, as framed and filed is not maintainable in law and the same deserves to be dismissed as the petitioners are having efficacious statutory alternative remedy of filing Second Appeal before the appellate forum.