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1993 Supreme(Ker) 562

MAMIDANA JAGANNADHA RAO, K.SREEDHARAN
Athickal Rajan – Appellant
Versus
Registrar Of Co Op Society – Respondent


JUDGMENT

M. Jagannadha Rao, C.J.

1. This appeal is preferred against the judgment of the learned Single Judge in O.P. No. 113 of 1993 dated 14-4-1993 dismissing the Writ Petition.

2. The impugned order is Ext. P4 dated 21-12-1992 is passed by the fourth respondent, Administrator, who has been appointed in respect of the Society subsequent to the expiry of the term of the Managing Committee as per the Ordinance dated 7-2-1992. The Ext. P4 order, in our opinion, is perfectly valid and is in implementation of the judgment of a learned Single Judge of this Court in Janardhanan v. Joint Registrar, 1990 (1) KLT 530, and therefore the petitioner cannot be permitted to question Ext. P4 order, which is merely consequential to the above judgment of this Court which has become final.

3. The society's share capital was Rs. 40 lakhs on 18-5-1987 and was fully paid-up. Therefore, there was no scope for enrolment of new members, unless the share-capital was increased. However, the than Managing Committee enrolled as many as 4668 members in one stroke on 1-7-1987 and issued share certificates to them, although there were no shares for allotment and the entire share capital of Rs. 40 lakhs had been pai







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