NANDAN MAHARAJ AND ANOTHER Vs. THE ROHIKA CENTRAL CO-OPERATIVE BANK LTD. AND OTHERS

JUDGEMENT

(1.) In this writ application the petitioners have prayed for quashing the entire proceeding of Certificate Case No. 2818 of 1974 -75. In view of the points involved in this case it is not necessary to state the facts in details. Suffice it to say that the petitioner No. 1 was allegedly the Secretary of the respondent No. 2 - -Society and the petitioner No. 2 was the President of the said Society, which is registered under the Bihar and Orissa Co -operative Societies Act, 1935. The petitioners state in this writ application that in relation to a defalcation of certain amounts criminal case was initiated as against the petitioners and other members and further a proceeding was also initiated by the Registrar of the Co -operative Societies under the provisions of the Bihar and Orissa Co -operative Societies Act.

(2.) Mr. A. Bose, learned counsel appearing on behalf of the respondent, submitted that the writ petition should be dismissed only on the ground that the petitioners have resorted to 'suppressio veri and suggetio falsi' inasmuch as the petitioner, earlier filed a writ application in this Court for the self same relief; but the said writ application was dismissed. The aforementioned facts have categorically been stated in paragraphs 7, 8 and 9 of the counter affidavit filed on behalf of the respondent No. 1 which reads as follows: - -

(3.) In paragraph 12 of the counter affidavit it has been asserted that after the dismissal of the aforementioned writ application being C.W.J.C. No. 2809 of 1978, the petitioner managed to replace the ordersheet of the award case No. 353 of 1972 -73 with the help of the clerk of the Assistant Registrar and also prepared a forged ordersheet in league with them. According to the respondents the order as contained in Annexure 1 to the writ application as a forged and fabricated document.