PT SHYAMA PRASAD MUKHARJEE MATSYA UDYOG SAHKARI SAMITI DUDIAN KHERA DISTT. TIKAMGARH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Petitioner has filed the present writ petition being aggrieved by order dated 13.11.2019 contained in Annexure-P/5 passed by M.P. State Co- operative Tribunal, Bhopal in Second Appeal No.127/2012. Appeal before Tribunal was filed by respondent No.3 and three others.

(2.) As per the brief facts of the case, appellant/respondent No.3 Balu Dheemar is an Ex-President of Matsya Udyog Sahkari Samiti Maryadit, Dudiankheda. Respondent No.2 namely Deputy Registrar, Co-operative Societies, Tikamgarh has passed an order for winding up of society. On learning about the order, a meeting was called on 20.01.2019 to recall back the order of winding up of society and a resolution was also passed in this respect. After passing of resolution no action has been taken. Registrar may cancel the order for winding up of a society at any time prior to cancellation of its registration. Being aggrieved by the in action, appellant Balu Dheemar had filed first appeal before Joint Registrar, Co-operative Society, Sagar. Appeal was rejected vide order dated 31.07.2012. Thereafter, appellant/respondent No.3 had filed a second appeal before M.P. State Cooperative Tribunal, Bhopal. Learned Co-operative Tribunal held that before passing an order of winding up of societies, no notices were issued to the members of the society and the proceeding for winding up of society for undertaken on basis of report of authorized officer. The proceeding does not show that members of the society was informed about the proceeding of winding up of a society. Winding up of a society has been initiated under Section 69(2) on basis of suo motu proceeding. No documents are available in the proceedings to show that society has commenced work within reasonable time, whether the society was in default or not considered and recovery of demand made from members and further society has failed to comply with any condition as to Registration and Management under the Act. On aforesaid grounds, Co-operative Tribunal quashed the impugned order dated 06.09.2008 in respect of winding up of the society. Further a finding was given by the Co-operative Tribunal that there was no arrears on the society and receipt of payment has also been filed. Order dated 16.09.2008 as well as order dated 31.07.2012 was set aside by the Co-operative Tribunal.

(3.) Learned Senior Counsel appearing for petitioner submitted that appeal was preferred by respondents before Joint Registrar without filing an application for condonation of delay and therefore, appeal was not maintainable in pursuance of Section 78 and 78 (a) of the Act of 1960 and Joint Registrar has rightly rejected the appeal. Co-operative Tribunal did not consider the fact that first appeal was barred by limitation and delay has not been condoned and entertained the second appeal on its merits. It was further submitted by him that there is no violation of rights of natural justice and opportunity of hearing was given to the respondents. It was further argued that respondent No.3 had no locus to challenge the order as held by Joint Registrar, Co-operative Society, Sagar on 04.12.2012. Co-operative Tribunal failed to consider that after passing of order of winding up of society of respondent No.3, registration of society was auctioned and same was finally knocked down in favour of petitioner society and lease of 10 years is granted to petitioner and on these grounds order of Co-operative Tribunal is challenged by the petitioner. On basis of said grounds, learned Senior Counsel has made a prayer that during the pendency of this writ petition, order dated 13.11.2019 contained in Annexure-P/6 may be stayed.