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1990 Supreme(Del) 270

C.L.CHAUDHRY, B.N.KIRPAL
A. V. ASHOKAN – Appellant
Versus
REGISTRAR, COOPERATIVE SOCIETIES – Respondent


Advocates Appeared:
K.K.JAIN, Kirti Uppal, L.N.KUMAR, Pardip Nandrajog, Rakesh Munjal, Reva Khetrapal, Sujata Kashyap

B. N. Kirpal, J.

( 1 ) TODAY we have had the occasion to consider the caseafresh in the light of the material which has now been placed before us.

( 2 ) WE find that persons who paid the full amount after 1 5/12/1986 really fall in a single category and it will not be fair to treatthem separately. Furthermore, we. find that some regard has also to be givento the seniority of the members. The Society had been registered a numberof years ago and there are some very old members who had been waiting forallotment but unfortunately there was delay in making payment when the timepaying the amount came. In drawing up the list of members who made thepayment after 15/12/1986 we find that most of the money has beenpaid by the members within a period of two or three months. Merely becauseperson who is at serial No. 1, for example, has paid money one week after aperson who became a member many years thereafter should not be a reason forgiving higher weightage to the date of payment. All members Who paid moneyafter 15/12/1986 are defaulters. Therefore, the list of defaulters canbe prepared on either of the two basis (1) according to the overall seniority, (2)according to the date of payment. Con










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