State Consumer Disputes Redressal Commission
The Liquidator vs Dattatreya Shankar Khade on 18 July, 2022
Dtd.18.07.2022 A/332 & 333/2020
ORDER
BY Mr. K.B.SANGANNANAVAR : JUDICIAL MEMBER
1. These two appeals are filed by liquidator/Jdr/Appellant U/s.27A of CPA 1986 aggrieved by the impugned order dated 24.05.2019 and 15.10.2019 passed in EP/120 & 115/2015 on the file of Belagavi DF.
2. Commission examined the impugned order and grounds of appeal.
3. None appears for the parties to the appeal and we have taken up these appeals to decide on merits.
4. In A/332/2020 impugned order is dtd.24.05.2019, wherein Forum below ordered to issue proclamation and attachment of salary of the liquidator and in A/333/2020 similar such order has been passed. It is not that, Forum below issued such orders either against Directors, Chairman or Secretary of the Society but against Liquidator. It is not that, Forum below has passed order directing the Liquidator to take necessary steps in accordance with law to recover the amount, which is ordered to be paid to the Complainants pursuant to the award passed by the District Forum, but taken coercive steps including issuance of NBW, proclamation U/s.82 & 83 of CrPC and attachment of salary of Liquidator, for the simple reason that, the society is subjected for liquidation. It is to be noted herein the Appellant herein is appointed as Liquidator has to recover the amount mobilizing the assets of the society, and to recover the money from the defaulters and finally to disburse of the same to the depositors and to satisfy the awardees. In such circumstances, when the society was under liquidation and Liquidator had been appointed to administer the society as Government nominee from the Department of Co-operation without proof of mis- conduct of the liquidator, issuance of NBW, attachment of salary and proclamation U/s.82 & 83 of CrPC has to be held unsustainable. Accordingly, Commission proceed to allow both the appeals. Consequently set aside the order dtd.24.05.2019 passed in EA/120/2015 and order dtd.15.10.2019 passed in EA/115/2015 on the file of Belagavi District Forum with no order as to costs, with a direction to Forum below to proceed with execution proceedings in accordance with law.
5. Send a copy of this Order to the District Commission and parties to the appeal.
Lady Member Judicial Member *NS*