Bahadur, J.

1. The opposite party in this proceeding is one Shri Thakur Jugal Kishore Sinha, who was a share-holder of the Central Co-operative Bank, Sitamarhi (formerly known as Sitamarhi Central Co-operative Union), who has been asked to show cause as to why he should not he proceeded with contempt of Court. The present proceeding was started on an application being filed by the Sitainarhi Central Co-operative Bank Ltd. (hereinafter called the Bank).

2. The said Sitamarhi Central Co-operative Union (hereinafter called the Union) was engaged in carrying on business, amongst others, in salt, sugar and kerosene oil, which was conducted by a Board of Directors. The opposite party was selected as the Chairman and it is said that the entire affairs of the said Union were controlled by him. It is further said that the opposite party entrusted one Suraj Banshi Chaudhary with the work of supplying of coal for which purpose he was given an advance of Rs. 7,004/5/-, that of this amount a sum of Rs. 5,014/5/0 could not be realised from Suraj Banshi Choudhary in whom, it was alleged, the opposite party was interested.

3. Thereafter a surcharge proceeding under Sec. 40 of the Bihar and