ADIM JATI SEVA SAHAKARI SAMITI (MARYADIT), SHAKARGAON v. REGISTRAR OF CO-OPERATIVE SOCIETIES, BHOPAL
2001-06-25
A.M.SAPRE
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DigiLaw.ai
A. M. SAPRE, J. ( 1 ) BY the Court. Having heard the learned counsel for the parties and having perused the petition filed by the petitioner under Articles 226 and 227 of the Constitution of India, I am of the considered view that no relief prayed. by the petitioner in the writ can be granted by this Court in its writ jurisdiction. Indeed, it will become so clear when we examine the facts pleaded in the writ and the documents filed in its support. What are the facts and the relief. ( 2 ) PETITIONER claiming to be a Co-operative Society seeks money decree for Rs. 6, 37, 459/against the respondent No. 2 Bank which is a Co-operative bank. The petitioner then ask for quashing of one demand for Rs. 2, 14,421 / -. No such demand or its copy is filed by the petitioner. ( 3 ) THE dispute essentially relates to recovery of the aformentioned amount by the respondent No. 2 from the petitioner under the name and head "cadre Fund. " In effect and in substance, the dispute is betv/een two Co- operative Societies were the petitioner complains against the other Co-operative society-the respondent No. 2 that they have wrongly recovered certain amount from the petitioner for want of authority or that petitioner was not liable to pay the said amount under the head named above. ( 4 ) IN my opinion, it is a clear case between the two Co-operative Societies for recovery of money and has to be decided either in civil Court or under the co-operative Societies Act l. e. by filing a dispute under Section 64 before the deputy Registrar. It involves adjudication of facts, leading of evidence, and factual appreciation, such as when was the amount paid, how much was paid, why it was paid, whether there was any obligation to pay such amount and if so, whether it was statutory or contractual. Whether the recovery was legal and if so whether petitioner is entitled to claim any interest on the excess recovery ? These are some of the questions which are material for the disposal of writ. They can not be gone into in the writ jurisdiction and has to be gone into by fact finding authority such as civil suit or dispute under Section 64 of m. P. Co-operative Societies Act.
These are some of the questions which are material for the disposal of writ. They can not be gone into in the writ jurisdiction and has to be gone into by fact finding authority such as civil suit or dispute under Section 64 of m. P. Co-operative Societies Act. ( 5 ) A writ jurisdiction can not be invoked for recovery of money from another Co-operative Society. It will then virtually tantamount to converting the individual bi parte dispute in writ. No writ lies against the Co-operative society in the facts of this nature. Mere mention of word cadre fund in Service rules framed under Section 55 (1) of the Act by itself does not attract the writ jurisdiction. The writ Court will not embark upon the factual inquiry inter se two Co-operative Societies on such issues. ( 6 ) THE aforesaid discussion is more than sufficient for the dismissal of the writ. It is accordingly dismissed. Writ Petition dismissed .