MANSA RAM Vs. PRAKASH CHAND

JUDGEMENT

(1.) By way of instant petition, petitioner has challenged order dtd. 14/2/2022, Annexure P-11, passed by the Assistant Registrar, Cooperative Societies, Solan, District Solan, H.P. whereby the application of the petitioner herein under Order 1 Rule 10 of the Code of Civil Procedure (for short, 'CPC') has been dismissed.

(2.) Brief facts necessary for adjudication of the petition are that respondent No.2 is a Society registered under the Himachal Pradesh Co-operative Societies Act, (for short, "The Society") having its own Rules and Bye-laws. The primary objective of the Society is to carry out all types of transport business for transporting goods which includes plying of trucks, tippers, trailers and any other type of public vehicle. Besides this, the Society has been constituted to provide business only for land-loosers of the Panchayats within whose jurisdiction the lands were utilized for the Gujarat Ambuja Cement Project. Land- loosers includes hereditary permanent residents of the area under operation of the Society.

(3.) Respondent No.1 was a member of the Society. He was assigned token No. B-812 and his vehicle No. HP-51B-0557 was being operated under the aegis of the Society. Respondent No.1 had purchased the aforesaid vehicle by taking financial assistance from the Finance Company. He defaulted in payments of instalments, as a consequence of which, the Finance Company re-possessed the vehicle on 4/7/2011 and subsequently auctioned the same to realize its due amount. Thus, the petitioner was unable to ply any vehicle under the token of membership allotted to him by the Society.