RATANLAL KUSHWAH Vs. DY REGISTRAR

JUDGEMENT

(1.) BEING aggrieved with the order dated 24.12.2005 passed by Joint Registrar, Cooperative Societies, Rewa, in Case No. 78-39/2004, the applicants have preferred revision u/s 77 (14) of M.P. Cooperative Societies Act, 1960 (for short "the Act").

(2.) BRIEF facts are that Dy. Registrar, Cooperative Societies, Satna, removed the applicants from Sewa Sahkari Samiti Maryadit, Babupur Tahsil Uchehra District Satna, u/s 53-B (2) of the Act vide order dated 16.1.2004. The applicants preferred appeal against the aforesaid order in the Court of Joint Registrar, Rewa Camp, Bhopal, which was registered as Appeal No. 78-39/04. Vide order dated 28.3.2004, Court of Joint Registrar, Rewa Camp, Bhopal, granted ex parte stay to the appellants. Thereafter the case was listed in the Court of Joint Registrar, Cooperative Societies, Rewa Camp Bhopal,on 18.4.2004, 4.5.2004, 17.6.2004, 29.7.2004, 29.7.2004, 19.8.2004, 21.12.2004. The case stood transferred to Joint Registrar, Rewa, and thereafter the case was listed for a number of hearings in the absence of both the parties. Ultimately the impugned order dated 24.12.2005 was passed vacating the ex parte stay.

(3.) PERUSED the file of the Court of Joint Registrar. It is clear from the proceedings of various dates that both the parties remained absent after the case was transferred to the Court of Joint Registrar, Rewa. As many as 9 dates were fixed when both the parties remained absent. On 9.11.2005 the respondent's counsel appeared and filed 2 applications including one application for vacating the stay. The case was listed on 10.11.2005. The appellants also were not present on this date. The impugned order was passed on 24.12.2005 without hearing the appellants.