GUJARAT STATE COOPERATIVE UNION Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PETITIONER -Gujarat State Cooperative Union, a State level body, which was set up in the year 1960 for promotion and development of the cooperative movement in the State of Gujarat as mentioned in the petition, is before this Court.

(2.) THE petitioner is aggrieved by order dated 13th March 2000 at Annexure -A passed by the Registrar, Cooperative Societies, Gujarat State, whereby the Registrar has asked petitioner to deposit an amount of Rs.44.60 lakhs towards the principal amount of loan, due as on 31st March 1999 and a sum of Rs.81,04,175/ - towards interest, as per the terms and conditions laid down in Resolution bearing No.GCU -1188/M -64/G(1) dated 19th November 1991, a copy of which is produced at Annexure -R -1 with the affidavit -in -reply filed on behalf of respondent no.1 by one Shri A.M. Patel, Deputy Secretary, Agriculture and Cooperation Department. The Registrar also ordered that the said amount be recovered as arrears of land revenue under Section 157 of the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as 'the Act').

(3.) THE petitioner also challenged order dated 31st March 2000 passed by the Registrar, Cooperative Societies, Gujarat State, whereby he has ordered for recovery of an amount of Rs.44.60 lakhs towards the principal as on 31st March 1999 and an amount of Rs.81,04,175/ - towards interest; and in view of contents of Government Resolution bearing No.GCU -1188/M -64/G(1) dated 19th November 1991, the aforesaid amount principal as well as interest having become time barred (as the amount is not paid within the stipulated time for payment), is liable to be recovered along with penal interest and, therefore, the total principal amount due is Rs.71 lakhs as on 31st March 1999 with interest of Rs.81,04,175/ - and penal interest of Rs.37,500/ -, is required to be recovered. The amount is ordered to be recovered by way of arrears of land revenue under Section 157 of the Act.