Vinod Tiwari v. Tara Chanda Jangade

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 515 of 2015 Vinod Tiwari S/o Shri Ramadhar Tiwari, Aged About 50 Years President Of Sewa Sahkari Samiti Maryadit Chandanu, Registration No. 1353, Block Bemetara, District Bemetara (Chhattisgarh) ---- Petitioner

Versus

1. Tara Chanda Jangade S/o Shri Antaram Jangade, Aged About 45 Years R/o Mutpuri, P. S. Nandghat, Tahsil & District Bemetara (Chhattisgarh) Member Of Sewa Sahakari Samiti Maryadit Chandanu, Registration No. 1353, Block Bemetara, District Bemetara (Chhattisgarh)

2. Ram Singh Chandel S/o Phul Singh Chandel, Aged About 45 Years Manager Of Sewa Sahakari Samiti Maryadit Chandanu, Registration No. 1353, Block Bemetara, District Bemetara (Chhattisgarh)

3. P. R. Desmukh S/o Shri B. R. Deshmukh, Aged About 57 Years Assistant Registrar, Co-Operative Societies Bemetara, District Bemetara (Chhattisgarh) ---- Respondents For Petitioner :

Shri Vinay Kumar Pandey, Advocate.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 23/11/2015 Heard.

1.

Learned counsel for the petitioner submits that the respondents

are misinterpreting the order of this Court passed on 30th of September, 2015 as if the interim order has lost its efficacy and they are not allowing the petitioner to continue in the office. On this misconstruction, respondent No.1 is now being allowed to discharge the functions of President of the Society.

2.

Vide order dated 30th of September, 2015, this Court directed that till the next date of hearing, the impugned order shall not be given effect to against the petitioner. This clearly means that the earlier order passed by the Joint Registrar in favour of the petitioner on 04.05.2013, shall have effect which further means that the petitioner will continue in the office of President by virtue of interim order passed on 30th of September, 2015 and interpretation that the interim order has come to an end after five weeks, is completely misconstrued. 3.

Learned counsel for the petitioner informs that according to records, the case is likely to be listed on 26th of November 2015. Unless the order is discontinued, the interim order passed by this Court on 30th of September, 2015 shall continue. 4.

A copy of this order shall be placed by the petitioner before all the respondents. The Assistant Registrar Cooperative Society Bemetara, is under an obligation to ensure that the Court's order is complied with in its true spirit by all the respondents. If anyone is placing incorrect interpretation of Court's order, appropriate action is liable to be taken against them.

5.

With the aforesaid observation, the petition is disposed off. 6.

Certified copy as per rules.

Sd/- Manindra Mohan Shrivastava J U D G E