BHANWARLAL MAHAVIR PRASAD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against on order of the Dy. Registrar, Co-operative Societies, Bikaner, dated 1. 8. 61 whereunder he admitted a dispute under sec. 61 of the Rajasthan Co-operative Societies Act 1953 (hereinafter referred to as the Act) in respect of the Raisinghnagar Cooperative Marketing Society Ltd. , Raisinghnagar and issued a notice to parties including M/s. Bhanwarlal Mahavir Prasad a firm of Grain and Commission Agents under Rule 35 of the Raj. Co-operative Societies Rules, 1957 (hereinafter referred to as the Rules) for nominating their respective arbitrators if they desire that the dispute be settled by the Board of Arbitrators. It has been contended on behalf of the appellants that they are carrying on business in the name and style of M/s. Bhanwarlal Mahavir Prasad and that Shri Surajmal, Rajas Rai and Shri Dungarmal are partners in the above firm. That on receipt of the above notice from the Dy. Registrar, they had informed the Dy. Registrar Vide a registered letter that no amount was due from them. But the Dy. Registrar without giving the details of the accounts and without giving them a chance to show cause admitted the dispute under sec. 61 of the Act. That the order of the Dy. Registrar was arbitrary and deserves to be quashed. It was also , contended in the memo that this Firm is not even a member of the above Society. '

(2.) DURING the course of the argument the following decisions were cited : - A. I. R. 1946 Bombay page 346 A. I. R. 1938 Patna page 373 A. I. R. . 1934 Patna page 145 A. I. R. 1927 Lahore page 24 A. I. R. 1938 Calcutta page 327 A. I. R. 1953 Swarastra page 177