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2021 Supreme(Chh) 299

SANJAY K.AGRAWAL
P. R. Jain (dead) through LR's – Appellant
Versus
Jila Sahakari Kendriya Bank Maryadit, Jagdalpur, District Bastar (CG) Through the Chief Executive Officer – Respondent


Advocates Appeared:
For the Petitioner:Mr. Somkant Verma, Advocate.
For the Respondent:Mr. Prafull Bharat, Senior Advocate with Mr. Keshav Dewangan.

ORDER :

1. Proceedings of this matter has been taken-up through video conferencing.

2. The petitioner herein (died during the pendency of this writ petition and his legal representatives have been brought on record) calls in question legality, validity and correctness of the impugned order dated 5.5.2009 (Annexure P-1) by which the Additional Registrar, Cooperative Societies, Chhattisgarh has set-aside the order passed by the Joint Registrar, Cooperative Societies dated 28.11.2008 affirming the order of the Deputy Registrar, Cooperative Societies dated 26.2.1991.

3. The original petitioner was Samiti Sevak in Jila Sahakari Kendriya Bank Maryadit, Jagdalpur, he was placed under suspension on 18.9.69 for causing loss to the bank and making embezzlement by fabricating documents, for which he was also prosecuted by criminal Court for offences under Sections 409 and 467 of the IPC, but he was acquitted by the jurisdictional criminal Court on 12.9.74. Thereafter, on 31.3.76 the petitioner raised co-operative dispute under Section 64 of the Madhya Pradesh Co-operative Societies Act, 1960 (hereinafter called as 'Act of 1960') to the then Registrar, Co-operative Societies, Bhopal. The Registra

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