KULDEEP KUMAR GUPTA Vs. CITIZEN COOPERATIVE BANK LTD.

JUDGEMENT

(1.) This revision is directed against the order dated 21.6.2003 passed by the Additional Registrar Cooperative Societies Jammu whereby order dated 21.6.2003 was withdrawn in the interests of justice.

(2.) Facts giving rise to this revision petition in brief are that on 21.6.2003 the petitioner had challenged notice dated 16.6.2003 published in 'Daily Excelsior in its issue dated 19.6.2003 on various grounds and an application for issuance of interim relief was also moved before the trial court and trial court hearing the petitioner stayed the operation of the notice dated 16.6.2003 till further orders subject to the objections of the otherwise. Case was adjourned for 15.7.2003 by the court below but on 21.6.2003 itself respondent No. 1 approached the Additional Registrar Cooperative Societies for vacation/withdrawal of the stay order already issued and after hearing the counsel for the respondent Citizens Cooperative Bank vacated the order on the ground that issuance of show cause notice was of administrative nature and as such did not require any interference from the court.

(3.) Aggrieved of the order impugned petitioner herein has approached this Court with the present revision petition on the ground that the order impugned is bad in law and requires to be set aside. It is alleged that the petitioner has been condemned unheard without giving him an opportunity to put his case before the trial Court. Lastly it is averred that Additional Registrar Cooperative Societies has exercised his jurisdiction with material irregularity and illegality and as such the order impugned required to be set aside. I have heard the learned counsel for the parties in the. case and have also gone through the material available on the file. Petitioner Kuldeep Kumar had challenged the issuance of the notice before Additional Registrar on various grounds and the application moved before court below was admitted for hearing whereafter Additional Registrar stayed the operation of the order impugned while passing the following orders:-