ANURAG RANJAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE Petitioner has challenged the award dated 13.11.2000 passed by the Respondent No. 3 under Section 48 of the Bihar and Orissa Cooperative Societies Act on the ground that it was ex parte and was passed without any notice and without affording any opportunity of hearing to the petitioner. The petitioner has also prayed for quashing the order of the Registrar (Respondent No. 2) dated 15.2.2001 in Appeal No. 8 of 2001 by which the Appeal was also dismissed.

(2.) THE main points that the learned counsel for the petitioner has argued is that there was no demand of any loan alleged to be outstanding against him and no notice was ever served upon him and yet an award was passed against him holding him liable to pay a sum of Rs. 10,62,836.80. The petitioner has further submitted that he is not even a member of the Central Co -operative Bank nor was a surety of any member and consequently the order dated 13.11.2000 (Annexure 2) ought to have first decided as to whether the petitioner was a member, as to whether he had in fact taken any loan or not and as to whether the provisions of Section 16(1) were taken into consideration at the time of passing the order.

(3.) IT further appears that the entire order is based solely on the report of the Managing Director. This Court does not understand as to how after having observed that the decree was being issued ex parte yet records as follows : - -