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SATYEN VAIDYA
Mansa Ram – Appellant
Versus
Prakash Chand – Respondent
JUDGMENT :
SATYEN VAIDYA, J.
1. By way of instant petition, petitioner has challenged order dated 14.02.2022, Annexure P-11, passed by the Assistant Registrar, Cooperative Societies, Solan, District Solan, H.P. whereby the application of the petitioner herein under Order 1 Rule 10 of the Code of Civil Procedure (for short ‘CPC’) has been dismissed.
2. Brief facts necessary for adjudication of the petition are that respondent No. 2 is a Society registered under the Himachal Pradesh Co-operative Societies Act, (for short “The Society”) having its own Rules and Bye-laws. The primary objective of the Society is to carry out all types of transport business for transporting goods which includes plying of trucks, tippers, trailers and any other type of public vehicle. Besides this, the Society has been constituted to provide business only for land-loosers of the Panchayats within whose jurisdiction the lands were utilized for the Gujarat Ambuja Cement Project. Landloosers includes hereditary permanent residents of the area under operation of the Society.
3. Respondent No. 1 was a member of the Society. He was assigned token No. B-812 and his Vehicle No. HP-51B-0557 was being operated under th
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