TIRMAL SINGH Vs. SADHAN SAHKARI SAMITI LTD

JUDGEMENT

(1.) AGGRIEVED by recovery of loan under Section 95 -A of U.P. Cooperative Societies Act the Petitioner an Ex -Sabhapati of Sadhan Sahkari Samiti Ltd. Maurkhurd, Tahsil Mawana, district Meerut has filed this petition. The recovery is assailed mainly because no adjudication has been shown nor any opportunity was afforded to Petitioner. No counter affidavit has been filed even though opposite parties have been served.

(2.) SECTION 95 -A is a special provision added by U.P. Act No. 12 of 1976 for recovery of dues of agricultural society mentioned in Section 34 of the Act or an agricultural credit society. Former is a society in which the Government by virtue of its subscription to share capital or indirect assistance in formation or augmentation of share capital or by giving of loan or advances has a right to nominate on the committee of management. Latter is a society Which according to Sub -clause (a -1) of Section 2 of the Act has to be society a majority of the ordinary members whereof are primarily engaged in agricultural occupation. The Petitioner on the other hand was a Sabhapati of Sadhan Sahkari Samiti. Prima facie, therefore, it was not an agricultural credit Society nor was it covered by a society mentioned in Section 34 of the Act. Moreover, the Society having not appeared and clarified the position there is no option but to accept the claim of Petitioner that recovery could not have been made under Section 95 -A of the Act. In this view of the matter it is not necessary to decide whether the Registrar while issuing recovery certificate had complied with the procedure as mentioned in Sub -section (2) of Section 95 -A of the Act.