- (1.) The petitioner has challenged the order passed by the Registrar, Cooperative Societies, Jharkhand, Ranchi, in Appeal Case No. 15 of 2006, dated 8th July, 2008/14th July, 2008 at Annexure-16 to the memo of the petition mainly on the ground that the said order is an ex parte order and has been passed by the Registrar, Cooperative Societies, in absence of learned Counsel for the petitioner.
(2.) Learned Counsel for the petitioner has submitted that the order-sheet which is at Annexure-13, reveals that on every date, the matter was adjourned. Looking to the Annexure-13 to the petition, last date of adjournment was 17th June, 2008 and it has been written in the order-sheet that learned Counsel for the petitioner was present and the matter is adjourned on 8th June, 2008. It appears that though the matter was adjourned on 8th June, 2008, and the order was passed on 8th July, 2008 by the Registrar, Cooperative Societies, Jharkhand Ranchi, in Appeal Case No. 15 of 2006, which was completed on 14th July, 2008 and the petitioner could not remain present because wrongly a date was given as 8th June, 2008 on 17th June, 2008. It appears that there was some error for grant of the date, but, nonetheless, the fact remains that a correct date of hearing was never given on 17th June, 2008, and, therefore, the petitioner's Counsel could not remain present, on the next date of hearing and abruptly an order has been passed by the Registrar, Cooperative Societies, Jharkhand, Ranchi on 8th July, 2008 at Annexure-16 of the memo of the petition and, therefore, this order deserves to be quashed and set aside and the matter may be remanded for its afresh decision by the Registrar, Cooperative Societies, State of Jharkhand, Ranchi, after giving an adequate opportunity of being heard to the petitioner in Appeal Case No. 15 of 2006.
(3.) I have heard learned Counsel for the respondents, who has mainly submitted that looking to the order annexed at Annexure-13 to the memo of petition, it appears that there was some error committed by the appellate authority on 17th June, 2008, and no adjournment could have been given on 8th June, 2008. Thus, incorrect date of adjournment was given. Nonetheless, the fact remains that correct date of adjournment was never given, thereafter and the impugned order has been passed on 8th July, 2008 and, therefore, let the matter be remanded for its afresh decision by the Registrar, Cooperative Societies, after giving an adequate opportunity of being heard to both the parties.;