PRAVINSINH DILIBHA Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) AS common issues are involved in both appeals, they are heard together and decided by this common judgment.

(2.) BY way of this Letters Patent Appeal, the appellant challenges judgment dated 26 -09 -2002 (passed by the learned Single Judge) in Special Civil Application No.11113 of 1998, whereby that petition is partly -allowed by quashing Charge No.2 framed in the order passed by the District Registrar, Co -operative Societies (Registrar for short) under Section 93 of the Gujarat Co -operative Societies Act, 1961 (The Act for short), while confirming the order passed under Section 93 for Charges Nos.1 and 3.

(3.) BRIEFLY stated, the relevant facts are that the appellant (original petitioner No.1) is a Member of the Managing Committee of Shree Monpur Sahakari Mandali Ltd (The Society for short). The State Government floated a Scheme for abolition of debts of agriculturists pursuant to a policy decision taken by the Government and as per the said Scheme, loans of less than Rs.10,000/ - taken by agriculturists were to be waived. However, if the amount of loan exceeded Rs.10,000/ -, the agriculturist would be entitled to waiver of 50% of the amount and the balance was to be paid as outstanding loan on the date when the Scheme came into force. The Managing Committee of the Society, of which the petitioner is a Member, took a decision to obtain a loan of Rs.9,47,309/ - from the Bhavnagar District Co -operative Bank Ltd. (the District Bank for short) on interest at the rate of 14% per annum and credited the same as recovery towards an earlier loan from the Members concerned, with a view to avail of the benefits of the Scheme.