ZILA SAHKARI BHOOMI VIKAS BANK Vs. SHRIKANT MISHR

JUDGEMENT

(1.) BEING aggrieved by the order passed by Jt. Registrar Co-operative Societies, Rewa in FA No. 77-1/99 and 80-12-1999 dated 17.11.2000 this appeal has been preferred by the appellant Bank.

(2.) BRIEF facts of the case are that the appellant is a Co-operative Land Development Bank registered u/s 9 of the Act. Appellant No. 2 is Sales Officer of it authorized under law to conduct auction and sale of the judgment debtor. Respondent No. 1 Shri Shrikant Mishr and respondent No. 5 Shri Chindlal had borrowed loan of Rs. 26,000/- and Rs. 50,000/- respectively on 15.9.1980 for the purchase of tractor. Because of default in repayment of this loan, the tractor was auctioned on 28.6.1984 at the price of Rs. 30,000/-. Aggrieved by this auction, the respondent filed a dispute u/s 64 before Assistant Registrar Co-operative Societies, Sidhi, who set aside the sale and ordered that the tractor be returned back. This order was confirmed by Jt. Registrar Co-operative Societies, Rewa as well as further Board of Revenue, Gwalior vide order dated 2.5.1991. Respondents filed an application u/s 85 for the execution of this order. Assistant Registrar while making assessment of the price of the tractor evaluated a loss of Rs.20,731/0 in addition to the earlier auctioned price of Rs.30,000/-. Jt. Registrar Co-operative Societies, Rewa has upheld this order. Hence, this second appeal.

(3.) COUNSEL appearing for the respondents agitating all these points submitted that the appellant have not facilitated any meeting and the accounts have remained un-settled after the lapse of three and a half years. It was further argued that the appeal be dismissed on this very account as it is devoid of all merits.