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2021 Supreme(Bom) 550

M.S.SONAK
Anand Gopal Gawas – Appellant
Versus
Goa Urban Co-operative Bank Ltd – Respondent


Advocates appeared:
Arunkumar V Nigalye, Advocate, Omkar V Kulkarni, Advocate

JUDGMENT

M. S. Sonak, J. - Heard Mr. Nigalye, learned counsel for the Petitioner.

2. The challenge in this petition is to the order dated 17th May, 2013 made by the Registrar of Co-operative Societies under Section 82 of the Goa Co-operative Societies Act, 2001 ( the said Act ) as also the judgment and order dated 5th February, 2019 made by the District Judge-1, North Goa, Panaji dismissing the revision application against the said order dated 17th May, 2013.

3. Mr. Nigalye, learned counsel for the Petitioner submits that there is no finding in the audit report holding the Petitioner responsible for the loss of Rs 24,13,842/- allegedly caused to the Co-operative Bank. He submits that in the absence of any such finding, Registrar lacks jurisdiction to make the order under Section 82 of the said Act.

4. Mr. Nigalye in the alternate submits that the Petitioner has raised the dispute with regard to the termination of services by the Bank. Such dispute is pending before the Labour Court. He submits that any adverse findings in the proceedings in pursuance of the impugned order dated 17th May, 2013 might prejudice the Petitioner in pending dispute before the Labour Court. Therefore, he submi

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