B.J.SHETHNA, J. - (1.) ALL these petitions are disposed of by this common order as identical points are involved in all these petitions and that Rajasthan State Cooperative Tribunal, Jaipur (for short 'the Tribunal') also disposed of in all 12 appeals filed by the appellant Ram Chandra Bishnoi individually and along with Binja Ram by common judgment and order dated 24.9.1994.
(2.) IN all these writ petitions the notices were ordered to be issued to the respondent except in writ petition No. 2953/98, however, same respondents are there in all these petitions, therefore, all these writ petitions are disposed of by this common order without issuing a formal notice in writ petition No. 2953/98. It may also be stated that though the appellant Ram Chandra Bishnoi and Binja Ram before the Tribunal were duly served, but they have not preferred to remain present before this Court either in person or through their advocate. Mr. Bheem Arora, learned Counsel has appeared in all these matters for the respondent Assistant Registrar, Cooperative Society, Jodhpur. Two widows of the original deceased members of Bhavad Gram Sewa Sahakari Samit, Bhavad (for short 'the Society') and ten other members of the same society made separate applications to the Assistant Registrar, Cooperative Society under the Rajasthan Cooperative Societies Act, 1965 (for short 'the Act') prayng that office bearer of the society be restrained from recovering debt from them in pursuance to the notice served by the society against them demanding amount of few thousand rupees against the respective persons as according to them the members have never applied for loan nor they had received the amount by way of loan from the society. It was also stated by them that they came to know for the first time that Shri Ram Chandra Bishnoi (who remained as a Manager of the Society for 15 long years) and Bhagdu Ram (Ex -Salesman of the Society) obtained loan in their name by forging the documents and signatures or thumb impressions of the members. The amount of loan was never received by them. It was also stated by them that till Shri Ram Chandra Bishnoi was the Manager no such notice was issued against them, but as soon as he was transferred from the Society in 1987 the Society issued notice for recovering the said amount from them. It was, therefore, prayed that case may be registered against those persons and the, amount which is demanded by the society may also be recovered from them. Apart from this, the members had also lodged FIR with Mathania Police Station for forgery and cheating.
(3.) THE matter was referred to the Deputy Registrar of the Societies as Arbitrator. The Arbitrator after issuing notice against the concerned persons recorded the statement of the witnesses and also seized the record of the society and after considering the entire oral as well as documentary evidence led before him he passed the separate awards in case of all the members and held that Shri Ram Chandra Bisnoi - Ex -Manager was guilty of preparing forged documents. He, therefore, ordered that the outstanding amount with interest mentioned in the notice issued against the members be recovered from Shri Ram Chandra Bishnoi. He also observed that the same may be brought to the notice of the society to take appropriate action against the concerned officers of the society.;