ASSISTANT REGISTRAR CO OPERATIVE SOCIETIES TQ CHANDRAPUR Vs. GURUKUL GRIHA NIRMAN SAHAKARI BHADEKARU MALKI SANSTHA

JUDGEMENT

(1.) A short question arises in this petition and that question is whether an appeal lies against the order of Assistant Registrar directing an enquiry under section 88 of the Maharashtra Co-operative Societies Act, 1960. The question arises on the facts stated below.

(2.) THE respondent No. 1 is a Co-operative Society registered under the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act" ). The object of the respondent society is to purchase land, divide the same into plots and allot those plots to its members for constructing the houses. The respondent society was superseded and the charge of the society was taken over by the Administrator on 6-5-1985 from the members of the managing committee.

(3.) VIDE order passed on 11-11-1985 to the respondent No. 2 was appointed as an Enquiry Officer under section 88 of the Act by the petitioner to assess the damages and losses caused to the society during the period from 1-7-1982 to 30-6-1985 as per audit note of the society for the relevant period. According to the said audit note the damage suffered by the society is to the tune of Rs. 10,71,301. 95. The respondent Nos. 3 to 14 were the members of the managing committee during the period from 2-11-1980 to 6-5-1985 except Shri Deorao Bhayyaji Bhandekar, the respondent No. 11, who was a member from 18-10-1981 to 6-5-1985 and were managing the affairs of the respondent society under section 73 of the Act.