Shireesh Nigam v. Union Of India

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (C) No. 2325 of 2020

1. Shireesh Nigam Son Of Shri Ram Mohan Nigam, Aged About 36 Years, R/o- H. No. 27/574, Street No. 5B, Behind State Bank Of India, New Shanti Nagar, Raipur, P.S. Civil Line, Raipur, District Raipur, Chhattisgarh

2. Smt. Madhuri Nigam W/o Shri Ram Mohan Nigam, Aged About 73 Years, R/o H.No. 27/574, Street No. 5N, Behind State Bank Of India, New Shanti Nagar, Raipur, P.S. Civil Line, Raipur, District Raipur, Chhattisgarh

3. Smt. Richa Gupta Nigam W/o Mr. Shireesh Nigam, Aged About 32 Years, R/o H.No. 27/574, Street No. 5B, Behind State Bank Of India, New Shanti Nagar, Raipur, P.S. Civil Line, Raipur, District Raipur, Chhattisgarh

4. Ram Mohan Nigam S/o Late Shri Jayanti Prasad Nigam, Aged About 84 Years, Power Of Attorney Holder - Mr. Shireesh Nigam, R/o H.No. 27/574, Street No. 5B, Behind State Bank Of India, New Shanti Nagar, Raipur, P.S. Civil Line, Raipur, District Raipur, Chhattisgarh ---- Petitioners

Versus

1. Union Of India Through Central Registrar, Ministry Of Agriculture And Farmers Welfare, Department Of Agriculture Co-Operation And Farmers Welfare Office Of The Central Registrar Of Co-Operative Societies Krishi Bhawan, New Delhi

2. Commissioner, Office Of The Central Registrar Of Co-Operative Societies, Ministry Of Agriculture And Farmers Welfare Department Agriculture, Co-Operation And Farmers Welfare Krishi Bhawan, New Delhi

3. Registrar Adarsh Credit Co-Operative Society Ltd. Registration No. MSCS/CR/269/2008 Central Office Udaipur (Rajasthan)

4. H. S. Patel, Liquidator, Adarsh Credit Co-Operative Society Ltd. 14,

Vidya Vihar Colony, Usmanpura, Ahmedabad - 380013, Gujrat ---- Respondents For Petitioners :

Mr. Vivek Kumar Agrawal, Advocate For Union of India :

Mr. Ramakant Mishra, ASG Hon'ble Shri Justice P. Sam Koshy Order On Board 12.10.2020

1. The limited grievance that the petitioners have raised in this case is that the petitioners had made certain deposits in the respondent No.3 Adarsh Credit Co-operative Society Ltd. under various schemes and heads, however, subsequently the respondent No.3 establishment was closed and at the instance of respondent No.1, a Liquidator was also appointed i.e. respondent No.4.

2. Counsel for the petitioners submits that meanwhile the deposits of other creditors were released, however, the deposits made by the petitioners were not released. The petitioners make a limited prayer that let the respondents No.1&4 take a decision on the claim application of the petitioners seeking for release of the amount lying deposited with the respondent No.3.

3. The limited request made by the petitioners is not opposed by the learned Assistant Solicitor General.

4. Accordingly, the respondents No.1 & 4 are directed to take a decision on the application which the petitioners have filed seeking for release of the amount which is lying with the respondent No.3 which was deposited by the petitioners under different schemes and heads. It is expected that the authorities would take a decision at the earliest preferably within a period of sixty days from the date of receipt of copy

of this order purely in accordance with rules and guidelines governing the field.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai