High Court Of ChhattisgarhWPC/511/2021disposed off

Nandani Goushala Samiti v. Bank Of India

2021-02-18Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 511 of 2021 • Nandani Goushala Samiti Village And Post Bhandarpur, Block Churiya, Distt. Rajnandgaon, Registration No. 61-06/10/2010, Through It's Secretary, Raj Kumar Nishad, Aged About 46 Years, S/o R.R. Nishad, R/o Ward No. 06 House No. 43, Post Shikari Mahak, Bhandarpur, Rajnandgaon, Chhattisgarh ---- Petitioner

Versus

1. Bank Of India Through Its Branch Manager, Rajnandgaon, Chhattisgarh

2. Pritamsingh Chandravanshi Village Barritoal Post Khobha, Block And Tahsil Churiya, Distt. Rajnandgaon

3. Santosh Kumar Sahu R/o Village Panchayat Bhandarpur, Post Shikarimahka, Block Churiya Distt. Rajnandgaon, Chhattisgarh

4. Sukhchand Chandravanshi R/o Villager Bhumarra Tahsil Churiya, Distt. Rajnandgaon, Chhattisgarh ---- Respondents For Petitioner :

Shri Parag Kotecha, Advocate For Respondent :

Shri Anand Shukla, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 18.02.2021 Heard.

1. The dispute inter se is between the members of the petitioner's society which is registered under the C.G. Goseva Ayog Act, 2004.

2. Learned counsel for the petitioner would submit that Respondents No. 2, 3 & 4 have issued the cheque though they have been removed from the post of President and Secretary and therefore they do not have any power to issue the cheque, however in the meanwhile if the

cheques are encashed it would cause great loss to the petitioner's society.

3. Learned counsel for the respondent No. 1 refers to Section 12 (l) of the C.G. Goseva Ayog Act, 2004 and submits that it is about to enquiry into the complaints in the functioning of any institution. Therefore, if the petitioner's society is registered as institution with the C. G. Goseva Ayog, the petitioner can very well make a complaint about the functioning of the institution to the Ayog, if such complaint are made the Ayog would be required to enquire into the complaints in the functioning of the institution.

4. Having perused the relevant section of Act of 2004, since remedy is already available under the C.G. Goseva Ayog Act, 2004, therefore, I am not inclined to interfere in this matter.

5. With the aforesaid observation, the petition stands disposed of Sd/- (Goutam Bhaduri) Judge Jyoti