JUDGMENT :

Amit Rawal, J.

1. The present intra court appeal is directed against the judgment of the Single Bench whereby the order Ext.P9 passed under Section 68(2) of the Kerala Co-operative Societies Act initiating the surcharge proceedings against the person fixing the liability has been set aside on the ground that the order lacks the fixing of the individual liability as strictly as per the provisions of Section 68(1) and 68(2) of the Act.

2. The contention of the counsel appearing on behalf of the appellant submits that whatever the reasons have already been noticed, while conducting the proceedings / enquiry under Section 68(1) may not be reiterated while passing the order under Section 68(2) of the Act.

3. We are of the view that the finding of the Single Bench by remanding the matter is perfectly legal and justified. At this stage counsel for the appellant seeks the liberty of this court to withdraw the writ petition with a request that the Registrar may pass the order by fixing the time line.

4. Learned Government Pleader submits that the Registrar would not be averse in adhering to any directions this Hon'ble Court deem it appropriate.

5. Let the Registrar take a call for pass