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State of Maharashtra - Section

Section 78 in The Maharashtra Cooperative Societies Rules, 1961

78. Summons, notices and fixing of dates, place, etc. in connection with the disputes.

(1)The [***] [Deleted 'Registrar or as the case may be, the' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Co-operative Court may issue summons or notices at least fifteen days before the date fixed for hearing of the dispute requiring;-
(i)the attendance of the parties to the dispute and of witnesses if any; and
(ii)the production of all books and documents relating to the matter in dispute.
(2)Summons or notices issued by [***] [Deleted 'the Registrar or' by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] the Co-operative Court may be served through a Mamlatdar, Mahalkari, Tahsildar or any employee of the Co-operative Department or of a federal society or through the Chairman or Secretary of the Society or by registered post with acknowledgement due [speed post or courier.] [Inserted by Notification No. CSL-2014/697/C.R.04/13C, dated 30.8.2014 (w.e.f. 23.12.1961).] Every person or society to whom summons or notices are sent for service shall be bound to serve them within a reasonable time.
(3)The officer serving a summons or notice shall, in all cases in which summons or notice has been served, endorse or annexe or cause to be endorsed on or annexed to, the original summons or notice, a return stating the time when and the manner in which, the summons or, as the case may be, notice was served and the name and address of the person (if any) identifying the person served and witnessing the delivery or tender of the summons or the notice.
(4)The officer issuing the summons or notice may examine the serving officer on oath or cause him to be so examined by the Mamlatdar or other officer through whom it is served and may make such further inquiry in the matter as he thinks fit; and shall either declare that the summons or, as the case may be, notice has been duly served or order it to be served in such manner as he thinks fit.
(5)The mode of serving summons and notices as laid down in sub-rules (1) to (4) shall mutatis mutandis apply to the service of summons or notices;-
(i)issued by the Registrar or the person authorised by him, when acting under Section 83, 84 or 88;
(ii)issued by an Auditor, when acting under Section 81, or
(iii)issued by a Liquidator, when acting under Section 105.