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2024 Supreme(MP) 503

MILIND RAMESH PHADKE
Vikram Singh Rajpoot – Appellant
Versus
Prathmik Krishi Sakh Sahkari Sanstha – Respondent


Advocates:
Raghvendra Dixit for petitioner.

ORDER

1. The present petition under Article 227 of the Constitution of India is preferred against the order dated 5.11.2019 passed by the M.P. Cooperative Tribunal Bhopal in Second Appeal No.49/2013, whereby the appeal preferred by the respondent no.1-Society was allowed and the order dated 11.7.2011 and 17.4.2013 passed by the Assistant Registrar and Joint Registrar (being First Appellate Authority) were set aside and the matter was remanded back to the Asstt. Registrar with a direction to decide the case on its own merits after properly exhibiting the documents and adducing evidence in the aforesaid regard and after framing issues.

2. Assailing the said orders to be bad in law it has been contended by the learned counsel for the petitioner that both Asstt. Registrar as well as Joint Registrar in their orders found that the order of removal of the petitioner was stigmatic in nature and was issued without giving any opportunity of hearing or conducting any enquiry, therefore, the order of removal of the petitioner was bad in law. It has further been argued that the society in its written statement preferred before the Asstt. Registrar in para 3 has specifically admitted that for the

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