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1976 Supreme(MP) 61

C.KONDAIAH, P.D.MULYE
ANANT LAXMAN PUROHIT – Appellant
Versus
INDORE PARASPER SAHAKARI BANK LTD. , INDORE – Respondent


Advocates Appeared:
A.K.CHITALE, G.S.SOLANKI, R.G.WAGHMARE

KONDAIAH, J.

( 1 ) THIS bunch of miscellaneous petitions, by the petitioners, gives rise to two short but interesting questions of law, (i) whether the Assistant Registrar is competent to determine a dispute between the financing bank and its members under Section 64 (1) of the Madhya Pradesh Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act') and (ii) whether the appellate authority has jurisdiction under Section 77 of the Act to remand the matter before it to the file of the Deputy Registrar for disposal according to law?

( 2 ) IN order to appreciate the scope of the question, it is necessary to briefly refer to the material facts which are not only not in dispute but lie in a short compass that gave rise to this question.

( 3 ) PETITIONER Anant, in Miscellaneous Petition No. 270 of 1975, was a member of the Indore Paraspar Sahakari Bank Ltd. , Indore, the first respondent herein. By resolution No. 63 passed by its Board, the respondent-Society expelled the petitioner from the Society, on July 16, by removing the petitioner under Rule 18 Sub-rule (1) of the Rules framed under the Act. Aggrieved by the order of his expulsion from the respondent- society, the pet




















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