JAMNA PRASAD CHOURASIA Vs. STATE OF M P

JUDGEMENT

(1.) IN invocation of the extra-ordinary jurisdiction of this Court the petitioner, a member of the Jila Sahakari Kcndriya Bank Maryadit, Sagar a co-operative society, has prayed for issue of a writ of certiorari for quashment of the order dated 27-11-2000 (Annexure P-1), passed by the Madhya Pradesh State Co-operative Tribunal (in short 'the Tribunal' ).

(2.) THE facts as have been adumbrated in the writ petition and discernible from the impugned order are that the petitioner availed a loan of Rs. 88,000/- from the aforesaid society for the purpose of purchasing a vehicle in the year 1987. He had deposited more than Rs. 24,000/- by end of the Ninth decade of the last century. In spite of the aforesaid deposit the bank forcibly took possession of the vehicle, a car, on 3-7-90 and instead of disposing the same kept it in an open space exposed to the vagaries of nature, as a result of which the value of the car got depreciated. Apart from the aforesaid loss the petitioner was of daily income of Rs. 350/ -. The car was valued at Rs. 85,000/-but the same was sold at Rs. 52,000/ -. The society, the respondent No. 3, did not take any steps for more than a year to auction the vehicle in question, as a consequence of which the petitioner had to suffer a loss of Rs. 350/- per day.

(3.) ACCORDING to the writ petitioner, the Bank gave notice to him treating him as a defaulter on 9-5-1990 and filed a dispute under Section 64 of the M. P. Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act' ). The petitioner filed his written statement in the form of a counter claim enumerating the facts and agitating his grievance and further praying for restoration of possession of the car or the market value thereof. In addition, he also claimed damages to the tune of Rs. 50,000/- for the loss sustained because of deprivation of the business. The competent authority passed the order on 24-6-1997 in favour of the Bank determining the outstanding loan of Rs. 1,24,000/- and further granted interest at the rate of 13. 5% per annum on the sum due. In the said order the counter claim of the petitioner was totally ignored.