LAXMI ANANT PEDNEKAR Vs. GOVERNMENT OF GOA

JUDGEMENT

(1.) Heard the learned advocates for the parties. Rule. By consent, the rule is made returnable forthwith.

(2.) The petitioner challenges the judgment and order dated 7th January, 2005 passed by the Registrar of Co-operative Societies, goa, in Co-operative Revision No. 4/2002/rcs. Though the impugned order is sought to be challenged on various grounds, it is not necessary to deal with all those grounds and suffice to refer only one ground sought to be raised with reference to Section 100-A of the maharashtra Co-operative Societies Act, 1960 as applicable to the state of Goa (hereinafter referred to as "the said Act. ").

(3.) It is the contention of the petitioner that though it was sought to be claimed by the respondent-society that father of the petitioner had borrowed certain amount, undisputedly the father expired in the year 1993, the proceedings under Section 100-A of the said Act were initiated in the year 1998, much after the expiry of the period of two years from the date of death of her father and yet without any notice to the petitioner or to the heirs of her father, the proceedings were initiated and continued under Section 100-A of the said Act. It is the case of the petitioner that the proceedings having been initiated against a dead person and without any notice to the legal heirs including the petitioner of her father, the impougned order is bad in law as the said issue which was sought to be raised by the petitioner raising objection for enforcement of the certificate issued by the authority under the said Act has been illegally rejected. Reliance is sought to be placed in the matter of Shri O. K. Vasudevan v. The Shri Paras Darshan Co. op. Hsg. Soc. Ltd. , reported in 2005 (2) All mr 443.