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2014 Supreme(MP) 320

RAJENDRA MENON, SUSHIL KUMAR GUPTA
Amod Kumar Saxena – Appellant
Versus
Prakash Khandelwal – Respondent


Advocates:
,-ih- Jksfr ;kphx.k dh vksj ls( izoh.k nqcs lfgr fi;w”k HkVukxj izR;FkhZ Ø-1 dh vksj ls( iq’isUnz ;kno izR;FkhZ Ø-5 dh vksj ls( jkgqy tSu] mi&’kkldh; egkfèkoDrk inkf/kdkjh izR;FkhZx.k dh vksj lsA
A. P. Shroti for petitioners; Praveen Dubey with Piyush Bhatnagar for respondent No.1; Pushpendra Yadav for respondent No.5; Rahul Jain, Dy.Advocate General for official respondents.

ORDER

1. Challenging the order-dated 5.6.2014, passed by the MP State Cooperative Tribunal, Bhopal in Second Appeal No.123/2013, this petition has been filed under Article 227 of the Constitution.

2. Dispute in the writ petition pertains to election to the post of Directors of the Awas Rahat Grih Nirman Sahkari Sanstha Maryadit, Bhopal – a Cooperative Society, registered under the provisions of the MP Cooperative Societies Act.

3. Facts in nut-shell, go to show that on 15.9.2012, petitioners were elected as Directors of the said society. Aggrieved by the said election, respondent No.1 raised a dispute under section 64 of the MP Cooperative Societies Act, 1960 (hereinafter referred to as ‘Act’) before the Deputy Registrar, Cooperative Societies, Bhopal. Notices were issued and proceedings were held exparte against the petitioner, as it was reported that they did not appear in spite of service of notice. An exparte order was passed on 15.5.2013, after notice was tried to be served by publication. When this order was passed, petitioner No.1 moved an application under Order IX Rule 7 of the Code of Civil Procedure, seeking setting aside of the exparte proceedings held against them. It i















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