LUXMI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS writ petition is filed challenging the award passed by the Assistant Registrar of C-operative Societies dated March 30, 1982, (Annexure P-2 ).

(2.) RESPONDENT No, 3 entered into an agreement with Luxmi Chand, the manager of the Nuh Primary Co-operative Land development Bank Limited, District Gurgaon, for supply of diesel engines to the members of the bank on credit. On the ground that respondent No. 3 committed irregularities in supplying diesel engines the Managing Committee of the Bank black listed the firm and adjusted the security furnished by the firm towards the loan instalments of the complainant one Shri Rahimuddin. Thereafter, the firm filed an application before the Assistant Registrar of Co-operative Societies raising a dispute Under Sections 55 and 56 of the Punjab Co-operative Societies Act. By the impugned order the Assistant Registrar, Cooperative Societies, directed the petitioner to pay a sum of Rs. 2,000.00 which was illegally adjusted by the Manager Luxmi Chand towards the loan amount of Shri Rahimuddin. The award passed by the assistant Registrar shows that he exercised his powers Under Section 55 and 56 of the Act. The appeal filed by the petitioner was rejected on the ground that the dispute raised by the firm will not come within the purview of either Section 55 or Section 56 of the Act and any dispute between the parties has to be referred to the Registrar of Co-operative Societies, Haryana, under the agreement which was entered between the parties and, therefore, no appeal lies and accordingly the appeal was rejected, however, the petitioner was given the liberty to challenge the dispute before the competent authority. Therefore, the petitioner has approached this Court.

(3.) ADMITTEDLY , the dispute in this case is not between the members or past members of the society or between the members and the society or its committee or officer or between the society and its employees or between the two co-operative societies. This is a dispute raised by the firm which entered into an agreement with the Bank for supply of agricultural machinery. Therefore, such a dispute is not covered by Section 55 of the Act. So, the Assistant Registrar cannot decide the dispute Under Section 55 of the Punjab Co-operative Societies Act.