MATESHWARI SAHKARI VIPNAN SANSTHA, MARYADIT v. REGISTRAR AND COMMISSIONER OF CO-OPERATIVE SOCIETIES
1989-02-28
A.G.QURESHI, S.K.DUBEY
body1989
DigiLaw.ai
A. G. QURESHI, S. E. DNBEY, JJ. ( 1 ) SHRI K. L. Sethi, learned counsel for the petitioner. Shri D. D. Vyas, learned Government Advocate for the state. Shri U. M. Nimgaonkar, learned counsel for the respondents Nos. 3 and 4. They are heard on admission. ( 2 ) THE petitioners by this petition have contended that after the amalgamation of their Society after its approval by the Registrar under Section 16 (2) of the M. P. Co-operative Societies Act, the Registrar passed an order to transfer the assets and liabilities of respondent No. 3 to petitioner No. 1 society. But the assets and liabilities are not being transferred on book value less depreciation as settled earlier and as per financial position of respondent No. 3 as it stood on 31-12-1982. Not only this the Registrar has to decide the dispute in relation to the valuation, but the powers are being exercised by the Deputy Registrar, Co-operative Societies, which is illegal. Therefore, the petitioners have prayed for quashing of Annexures-18 and 19 being contrary to Section 16 and Rule 11 of the M. P. Co-operative Societies act and Rules. ( 3 ) THE contention of the learned counsel for the respondents is that the petitioner has got alternative and efficatious remedy available, hence without exhausting the same the petitioners cannot approach this Court under Arts. 226 and 227 of the Constitution of India. Moreover if any dispute arises in relation to the valuation of the property and mode of payment etc. , it has to be referred to the Registrar, Co-operative Societies or any of his authorised representative, whose decision would be binding on both the Societies which should be evident from the resolution dated 28-8-83 passed by Respondent No. 3 which has been annexed by the petitioner as Annexure-XIII-A, Learned counsel for the respondent also contended that an appeal is provided under Section 77 (1) and thereafter a second appeal is also provided under Section 77 (2) of the M P. Co-operative societies Act, hence the petitioners having not availed the alternative remedy which is available to them, the petition is not maintainable and deserves to be dismissed.
( 4 ) AFTER hearing counsel we are of the opinion that the dispute in relation to the assets and liabilities and the valuation of the property of respondent No. 3 can be resolved by the Registrar of the M. P. Co-operative societies as per the resolutions and as per Section 16 (2) and (3) of the Act. Because the matter relates to the valuation of the assets as they stood on 31-12-1982, it would be proper to direct the petitioners to approach the registrar of M. P. Co-operative Societies to decide the same. It is also hoped that the Registrar of Co-operative Societies shall dispose of the dispute in relation to the valuation expeditiously. ( 5 ) WITH the above observations the petition is disposed of at the admission stage. No order as to costs. Order accordingly. .