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1978 Supreme(Ori) 64

R.N.MISRA, B.K.RAY
SARAT CHANDRA PANDA – Appellant
Versus
STATE OF ORISSA – Respondent


Advocates Appeared:
G.RATH, P.K.Misra, R.C.PATNAIK, R.MOHANTY

R. N. MISRA, J.

( 1 ) THE Aska Central Multipurpose Co-operative Society Limited, opposite party no. 3, (hereinafter referred to as the 'society') is a society registered under the orissa Co-operative Societies Act of 1962 (hereinafter referred to as the 'act' ). Petitioner and opposite parties Nos. 4 to 13 are members of its Committee of management. The present Committee was formed on 9-1-1977. The Society has as its financing bank the Aska Central Co-operative Bank and as stated in para. 6 of the writ application, the Society is indebted to the Bank. The committee of Management received a notice dated 14-2-1978 from the registrar of Co-operative Societies, opposite party No. 2, purporting to be under Section 32 (1) of the Act calling upon it to show cause why it may not be superseded by the Registrar in exercise of his powers under that section. Petitioner contends that as a condition precedent to the issue of notice under section 32 (1) of the Act, the financing Bank had to be consulted as required by sub-section (4) of Section 32 of the Act and, in the absence of consultation, the initiation of the proceeding is without jurisdiction and has to be quashed.

( 2 ) OPPOSITE parti













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