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Himachal Pradesh High Court

Surinder Singh vs . Registrar Co-Operative Societies & ... on 6 February, 2023

Author: Sushil Kukreja

Bench: Sushil Kukreja

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Surinder Singh vs. Registrar Co-operative Societies & ors.

6.2.2023 Present: Mr. Surinder Saklani, Advocate vice Mr. Divya Raj Singh, Advocate, for the petitioner.

Mr. Vishal Panwar, Addl. AG with Mr. Rajat Chauhan, Law Officer, for the respondents/State.

CMP No.1160 of 2023 By way of the main Writ Petition, the petitioner is seeking the following substantive relief:

"That the impugned order dated 6.5.2022 may kindly be quashed and set aside to the extent petitioner has been held liable to pay the amount in equal proportion alongwith other Managing Committee members in case the amount embezzled by the secretary of respondent No.3 is not recovered."

Now, by way of the present application, the applicant is seeking the interim relief to stay the notice Annexure A-1 issued by the Inspector Co-operative Societies Bhadsali, Una, during the pendency of the present writ petition.

Perusal of the notice shows that the same has been issued against Jatinder Singh son of Shri Bhupender Singh and applicant/petitioner. The notices have been issued for recovery pursuant to the order passed by the Registrar, Co-operative Society Himachal Pradesh at Shimla, dated 6.5.2022. The said order has been annexed with the writ petition as Annexure P-8, para 22 of which, is reproduced as under :

"Thus, for the reasons recorded herein- above the impugned order dated 30.06.2021 of the Respondent No.1 passed under Section 69(2) of the Act is modified to the extent of holding Shri Jitender Singh, Ex-Secretary i.e. the Appellant in Appeal No.102 of 2021 of the Society liable for embezzling an amount of Rs.13,20,76,088.38 paisa of the society. I further order that this amount along with 12% interest to be incurred w.e.f. 30.09.2021 be recovered from Shri Jitender Singh & in case of failure same shall be realized from his movable & immovable property in accordance with law. In case the amount shall remain unrealized, ::: Downloaded on - 06/02/2023 20:31:17 :::CIS .

same shall be realized from the committee members i.e. the appellants in appeal No.84 of 2021, 86/2021, 87/2121, 88/2021, 89/2021, 90/2021 and 110 of 2021 in equal proportion. This liability upon the appellants i.e. committee members has been fastened for the proved negligence in discharge of their duties & for the negligence of managing committee members, rthe members of the society cannot be made suffer."

When the said order is under challenge to the extent, as mentioned, in the writ petition, then, during the pendency of the same, the notice, Annexure A-1, issued by the Administrator-co-Operative Societies against the applicant, is ordered to be stayed. However, the authorities are free to recover the amount from addressee No.1 i.e. Jatinder Singh. Application stands disposed of.

The application is disposed of with a direction to the applicant/petitioner to file English translation of Hindi documents in issue within a period of four weeks.

(Sushil Kukreja) Vacation Judge 6th February, 2023 (CS/himani) ::: Downloaded on - 06/02/2023 20:31:17 :::CIS