LAWS(P&H)-1982-12-48

SANTA SINGH Vs. REGISTRAR COOP SOCIETIES PUNJAB

Decided On December 15, 1982
SANTA SINGH Appellant
V/S
REGISTRAR COOP SOCIETIES PUNJAB Respondents

JUDGEMENT

(1.) This judgment will dispose of Civil Writ Petition Nos. 5732, 5802 and 6822 of 1975, because similar questions of law and facts are involved in them.

(2.) Briefly stated the facts of the case are that the petitioners in the three writ petitions were members of the Malak Co-operative Agricultural Service Society. Tehsil Jagraon, District Ludhiana (hereinafter called 'the Society'). This Society was ordered to be wound upon 7th May, 1966. Sarvshri Labh Singh, Banta Mal and Nachhattar Singh worked as liquidators for the Society for different periods. Shri Triloki Nath Sharma was appointed a liquidator on 16th November, 1970. A notice was published in a newspaper titled as "Sadaqat", published from Ludhiana on 8th August, 1972 wherein it was mentioned that the Society was under the control of the liquidator. The liability of the members was unlimited. A perusal of the accounts of the Society revealed that a sum of Rs. 85,000/- was outstanding. There was no chance for recovery of this amount. The members of the Society are liable for this. Shri Triloki Nath Sharma, Liquidator of the Society, assessed the following amounts against the undermentioned members :- S N.Name of the member and parentageAmount assessedCosts 10%Total. 1.Sohan Singh s/o Kishan SinghRs. 35000/-Rs. 3500/-Rs. 38500/- 2.Santa Singh s/o Bhagwan Singh8000/-800/-8800/- 3.Dial Singh s/o Gurmukh Singh8000/-800/-8800/- 4.Bachan Singh s/o Gian Singh8000/-800/-8800/- 5.Bhajan Singh s/o Nikka Singh8000/-800/-8800/- 6.Lachhman Singh s/o Sahib Singh6000/-600/-6600/- 7.Bachan Singh s/o Inder Singh6000/-600/-6600/- 8.Gurdev Singh s/o Mit Singh3511.72350/-3861.72 9.82511.728250/-90761.72

(3.) The learned counsel for the petitioners have argued that the liquidator while determining the liability of the members of a Society which had been wound up, acts in a quasi-judicial capacity. Before determining the liability of different members, it is necessary to hear them and provide them adequate opportunity to put across their case and lead evidence if necessary, in support thereof. He asserted that the order dated December 27, 1972 was passed by the liquidator, without summoning and hearing the petitioners. The orders passed by the liquidator are non-speaking and only the prescribed performas have been filled. The liquidator did not apply his mind to the facts of the case. The Deputy Registrar also did not pass a speaking order. He has not referred to the points raised before him and has given no decision thereon.