RAM SINGH ASSISTANT PHARMACIST Vs. UNION TERRITORY CHANDIGARH

JUDGEMENT

(1.) By this writ petition, the petitioner is challenging orders dated 10.10.2000 (Annexure/15) which is an order of the Registrar, Co-operative. Societies for winding up (liquidation) of the affairs of the society named as Super Bazar, SCF No. 5. Sector 22-D, Chandigarh (also Known as Central Co- operative. Consumer Stores Limited. Chandigarh). Public Notice dated 2.11.2000 (annexure P-19) and also an order which is stated to be of 26.11.2000 (counsel for the petitioner states it should be 26.1.2000). According to Section 68 (1) of the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as the "Act"), the order Annexure P/15 is appealable. The relevant provision of Section 68 reads as under :

(2.) Section 58 of the Act is regarding appointment of a liquidator and in Section 58 (3) of the Act it is provided that where in appeal is preferred under Section 68 an order of winding up of a co-operative society made under Section 57 shall not operate till the order is confirmed in appeal, though the liquidator shall continue to have custody of control of the property, effects and actionable climes mentioned in subsection (2) and have authority to take the steps referred to in that sub-section.

(3.) The petitioner could have very well challenged the order in appeal instead of challenging it in this petition. Many facts will have to be considered including questions of facts for which evidence will have to be considered. The appeal, therefore, was the best forum for the petitioner to choose. This writ petition, therefore, deserves to be dismissed.