MANAGING DIRECTOR MP STATE CIVIL SUPPLIES CORPORATION LTD Vs. SHUJALPUR COOPERATIVE MARKETING AND PROG SOCIETY LTD

JUDGEMENT

(1.) This order shall also govern the disposal of the Second Appeal No. 181/07 (M.P. State Civil Supplies Corporation Ltd., and others v. The Shujalpur Co-operative Marketing and Pro. Society Ltd., Shujalpur and another).

(2.) This second appeal u/s. 78 (2) of M.P. Cooperative Societies Act, 1960 (for short 'the Act') has been preferred by the appellants against the order of Joint Registrar Cooperative Societies, Ujjain passed in Dispute No. 78-189/05-06 dated 8/11/2007.

(3.) Brief facts leading to this appeal are such that the appellants are representatives of M.P. State Civil Supplies Corporation Ltd., Bhopal who had a dealing with the respondent No. 1 society about the procurement of wheat on behalf of the appellant Corporation. The appellant had entered into an agreement with the respondent society on 3.4.1998 to purchase wheat on behalf of the appellant at Mandi Sahajapur and to transfer it to Go-downs of FCI through transporter Respondent No. 2. Two trucks of wheat having 290 bags weighing 275 quintal 50 kg handed over on 29.4.1999 were not delivered to the FCI. Costs of which being Rs. 1,59,262.92 was deducted from bills of the respondents No. 1. Respondent No. 1 society filed a dispute u/s 64 before the Deputy Registrar Co-operative Societies, Shajapur, who vide his order dated 30.9.2002 rejected the case of the respondent against which the respondent society filed appeal before the Joint Registrar Co-operative Socieites, Ujjain, who vide order dated 31.8.2004 set aside the order of Deputy Registrar and remanded the matter for first disposal. Deputy Registrar again on 31.9.2005 set aside the claim of the respondent against which another appeal which was filed before the Joint Registrar, who vide the impugned order has allowed the appeal and passed the decree of Rs. 1,59,262.92 along with 15% interest. This appeal is against this order.