N.KANNADASAN, J. - (1.) The appellant herein is the one of the opposite party and the first respondent is the complainant and the Respondents 2 to 5 are other opposite parties before the District Forum.
(2.) The first respondent/complainant has approached the District Forum alleging deficiency in service as against all the opposite parties including the Appellant. The District Forum has passed an order holding all the opposite parties are jointly and severally responsible. From the records, it is evident that the deficiency can be attributed only as against the 2nd respondent/1st opposite party namely Viralimalai Co-operative Agriculture Bank, Viralimalai. It is not in dispute that the 6th Respondent herein has taken over the Bank since the Bank is in liquidation. In as much as the 6th Respondent namely the Co-operative Sub-Registrar (Execution/Liquidation), Pudukkottai District Central Co-operative Bank, Pudukkottai has taken over the assets of the Society, the only relief that can be granted to the First Respondent/Complainant is to approach the 6th Respondent namely Co-operative Sub-Registrar (Execution/Liquidation), Pudukkottai District Central Co-operative Bank, Pudukkottai.
(3.) A similar stand is taken by this Commission in A.P.688/99 as extracted below: In view of what is stated above, we close the appeal with a direction to the appellant/3rd opposite party to dispose of the assets of the Company and pay the share value on pro-rata basis to all the creditors including the complainant herein. It is also enjoined by Sec.139 (2)(c) and (e) that the Liquidator shall, subject to the control of the Registrar, have the power to investigate all claims against the Registered Society and subject to the provisions of this Act to decide questions of priority arising between claimant; and subject to any rules made in this behalf, to pay claims against the registered society including interest upto the date of winding-up according to their respective priorities, if any, in full or rateably, as the assets of the society may permit; to apply the surplus, if any, remaining after payment of the claims for the payment of interest from the date of such order of winding-up at a rate fixed by him but not exceeding the contract rate in any case. The appeal is thus disposed of on the above terms. There will no order as to costs.;