Hosur Co-operative House Building Society Ltd. , Hosur v. Registrar, Chennai
2014-06-18
S.VAIDYANATHAN
body2014
DigiLaw.ai
Judgment : 1. The Hosur Co-operative House Building Society has come forward with the present writ petition, seeking for a direction to the respondents 1 & 2 to open the lock put up by the 3rd respondent, and to handover the entire records to the petitioner/Society, after taking inventory, within a stipulated time, to enable for the smooth functioning of the Society. 2. Admittedly, there is a dispute between the petitioner/Society and Respondents 3 & 4. As rightly contended by the learned counsel for the respondents 1 & 2, as there is a dispute between the parties, it has got to be resolved in terms of Section 90 of the Tamil Nadu Co-operative Societies Act. The learned counsel for the petitioner expressed that as the respondents 3 & 4 are holding the documents, smooth functioning of the Society is not possible and they are unable to carry out day-to-day affairs of the Society and unable to pay the wages to the workers. 3. Even though, there is much force in the contention of the learned counsel for the respondents 1 & 2, it is the submission of the learned counsel for the respondents 3 & 4 that they are willing to hand over the entire documents to the petitioner; but as handing over the documents to the petitioner would amount to help the persons, who are involved in misappropriation and maladministration of the Society, they could not be safeguarded, in case, any misappropriation of records is done by the Society or any other person on behalf of the Society. 4. Considering the rival submissions, this Court feels that without setting this order as a precedent, it would suffice to direct the respondents 3 & 4 to handover the entire records available with them to the 2nd respondent, after taking xerox copies of the same to defend their case, as they have been placed under suspension, so that the issue could be given quietus 5. Accordingly, a direction is issued to the respondents 3 & 4 to handover the entire records to the 2nd respondent, after taking xerox copies of the same, after taking acknowledgement from the 2nd respondent, within a period of fifteen days from the date of receipt of a copy of this order.
Accordingly, a direction is issued to the respondents 3 & 4 to handover the entire records to the 2nd respondent, after taking xerox copies of the same, after taking acknowledgement from the 2nd respondent, within a period of fifteen days from the date of receipt of a copy of this order. In turn, the 2nd respondent shall handover the entire records to the petitioner, after taking necessary acknowledge from the petitioner, within a period of ten days thereafter. 6. The learned counsel for the petitioner/Society submitted that the respondents 3 & 4 have put up a lock, which could be opened only by the 3rd respondent. On the other hand, the learned counsel for the respondents 3 & 4 submitted that the petitioner has also put up a lock above the lock put up by the respondents 3 & 4 and unless it is opened, they cannot enter into the Society to get the records. In view of the submissions made on either side, the 2nd respondent is directed to go the Society, in person, and do his exercise. The parties are directed to open the lock to enable the exercise to go on. With the above directions, this writ petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.