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1989 Supreme(MP) 73

A.G.QURESHI, S.K.DUBEY
MATESHWARI SAHKARI VIPNAN SANSTHA, MARYADIT – Appellant
Versus
REGISTRAR AND COMMISSIONER OF CO-OPERATIVE SOCIETIES – Respondent


Advocates Appeared:
A.K.SETHI, D.D.Vyas, K.L.Sethi, U.M.NIMGAONKAR

A. G. QURESHI, S. E. DNBEY, JJ.

( 1 ) SHRI K. L. Sethi, learned counsel for the petitioner. Shri D. D. Vyas, learned Government Advocate for the state. Shri U. M. Nimgaonkar, learned counsel for the respondents Nos. 3 and 4. They are heard on admission.

( 2 ) THE petitioners by this petition have contended that after the amalgamation of their Society after its approval by the Registrar under Section 16 (2) of the M. P. Co-operative Societies Act, the Registrar passed an order to transfer the assets and liabilities of respondent No. 3 to petitioner No. 1 society. But the assets and liabilities are not being transferred on book value less depreciation as settled earlier and as per financial position of respondent No. 3 as it stood on 31-12-1982. Not only this the Registrar has to decide the dispute in relation to the valuation, but the powers are being exercised by the Deputy Registrar, Co-operative Societies, which is illegal. Therefore, the petitioners have prayed for quashing of Annexures-18 and 19 being contrary to Section 16 and Rule 11 of the M. P. Co-operative Societies act and Rules.

( 3 ) THE contention of the learned counsel for the respondents is that the petitioner has go





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