LAWS(KAR)-2014-12-65

S. NAGENDRA Vs. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES MYSORE DIVISION

Decided On December 09, 2014
S. NAGENDRA Appellant
V/S
Joint Registrar Of Co -Operative Societies Mysore Division Respondents

JUDGEMENT

(1.) Order dated 26.09.2014 passed by the Karnataka Appellate Tribunal, Bangalore, dismissing appeal No. 319/2008 is called in question in this writ petition. The said appeal was filed challenging the order dated 05.04.2008 passed by the Joint Registrar of Co-operative Societies, Mysore, directing petitioner and 3rd respondent herein to pay a sum of Rs. 1,97,625/- along with interest at 12% to the 2nd respondent - Mandya District Co-operative Agriculture Produce Marketing Union Limited.

(2.) Petitioner herein was the Chairman of the managing committee of the 2nd respondent - Union. 2nd respondent is a union registered under the provisions of the Karnataka Cooperative Societies Act, 1959 (for short the Act'). On the basis of allegations of certain irregularities committed by petitioner and 3rd respondent in his capacity as managing director of 2nd respondent - Union, enquiry was initiated under Section 64 of the Act. Based on the report submitted, an order was passed under Section 68 of the Act by the Joint Registrar of Cooperative Societies, Mysore, holding that petitioner and managing director were responsible for unauthorizedly supplying fertilizers to one M/s. Chamundeshwari Traders - 4th respondent herein, though the said M/s. Chamundeshwari Traders was not the member of 2nd respondent - Union. It was also alleged that no steps were taken by petitioner and the managing director to recover the dues payable by the said M/s. Chamundeshwari Traders. The Joint Registrar of Cooperative Societies, therefore, found the petitioner and 3rd respondent jointly and severally liable to pay a sum of Rs. 1,97,625/- along with interest at 12% to the 2nd respondent - Union.

(3.) Aggrieved by the said order, appeals were preferred before the Karnataka Appellate Tribunal under Section 105 of the Act by petitioner and the 3rd respondent. Appellate Tribunal has considered the matter, re-appreciated the entire materials on record and has come to the conclusion that there were no grounds made out for interfering with the order passed by the Joint Registrar. Consequently, appeals have been dismissed by a common judgment.