BANGALORE DISTRICT AND BANGALORE RURAL DISTRICT CO Vs. THE DEPUTY REGISTRAR OF CO

JUDGEMENT

(1.) Petitioner has preferred this revision petition under Sec. 107 of the Karnataka Co-operative Societies Act, 1959, questioning the correctness of the order passed by the respondent 1 herein in Dispute No. JRB/MD/498/1996, dated 21-12-2009. The brief facts of the case are as follows-

(2.) The dispute raised by the respondent 2-Bank independently to prove the case on merits with available documents without any aid of the statutory report either audit under Sec. 63 of the KCS Act, Enquiry under Sec. 64 of the Act or inspection under Sec. 65 of the Act. It is clear in the dispute of the R2-Bank, which is annexed to the revision petition. The R3 was registered society, registered under the Act, the R4 was President in the R3-Society, R4 was Secretary, R6 herein was Vice-President and R7 to R15 herein are the then committee members at relevant point of time.

(3.) During pendency of said dispute before the R1, the R2-Bank has filed an application under Sec. 117(3)(a) of the KCS Act read with Order 1, Rule 10 of the Civil Procedure Code, 1908 to implead the petitioner and R15 to R28 herein. The application has been filed on the basis of the findings of the enquiry reports, the petitioner and other are the necessary and proper parties to the dispute and they are instrumental in recommending the loan to the newly registered society in collusion with the R3-Society.