LAWS(MPH)-2000-3-79

BAGWATI BAI Vs. SEWA SAHAKARI SAMSTHA

Decided On March 28, 2000
Bagwati Bai Appellant
V/S
Sewa Sahakari Samstha Respondents

JUDGEMENT

(1.) BEING aggrieved of the orders dated 26.2.92 passed by the Joint Registrar, Cooperative Societies, Gwalior in appeal No. 77-44/82-83, the appellants has preferred this second appeal.

(2.) BRIEF facts giving rise to this appeal are that the deceased Jasram, was Secretary in the respondent No. 1 society. As a result of inspection of the documents of respondent No. 1 society under section 59 of the M.P. Cooperative Societies Act, for short hereinafter referred to as Act, it was found that the deceased Jasram is responsible for 1 oss of Rs. 1552/- and he is further responsible jointly with respondent No. 2 for a loss of Rs. 1470/-. This amount was recovered by them from the debtors and was not credited to the society. Society thereupon filed dispute case under section 64 of the Act against deceased Jasram and the respondent No. 2. During the pendency of the dispute case Jasram died and the appellants being his legal representatives were brought on record. After recording evidence of the parties the learned Asstt. Registrar passed an award of Rs. 1552/- against the appellants and Rs. 1470/- jointly against them and the respondent No. 2.

(3.) I have heard the learned counsel appearing for the parties and also perused the records of the Courts below. Only point that arises for our determination in this appeal is whether the impugned order of the Courts below are contrary to law.