High Court of Punjab and HaryanaCWP/18805/2013disposed of

Harchand Singh v. Assistant Registrar, Coop. Societies And ORS.

2017-04-27Mr. Justice Arun Monga2 pages

CWP No.18805 of 2013 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.18805 of 2013 Date of Decision.27.04.2017 Harchand Singh (Accountant) ........Petitioner Vs Assistant Registrar, Cooperative Societies, Kharar and others ........Respondents 2.

CWP No.18713 of 2013 Harchand Singh (Accountant) ........Petitioner Vs Assistant Registrar, Cooperative Societies, Kharar and others ........Respondents

Present:

Ms. Jagdeep Bains, Advocate for the petitioner.

Mr. Yatinder Sharma, Addl. A.G., Punjab.

Mr. Harit Sharma, Advocate for respondent No.3.

CORAM:HON'BLE MR. JUSTICE AMIT RAWAL -.- AMIT RAWAL J.(ORAL) This order of mine shall dispose of two writ petitions. The challenge in the writ petitions is to the order dated 10.04.2013 (Annexure P13) rendered by respondent No.2-Assistant Registrar, Cooperative Societies, Kharar, District S.A.S. Nagar, while exercising the power under Section 55 of the Punjab Cooperative Societies Act, 1961. Concededly, the aforementioned order is assailable under Section 68 of the aforementioned Act.

The contention of Ms. Jagdeep Bains, learned counsel appearing for the petitioner is that while passing the impugned order, memo of party is of prior matter, as the aforementioned order came to be passed on PANKAJ KUMAR 2017.05.01 17:52 I attest to the accuracy and integrity of this document

CWP No.18805 of 2013 -2remand.

Be that as it may. The petitioner, in my view, shall be entitled to take all possible objections with regard to conduct of proceedings held by respondent No.2, while exercising the powers under Section 55 but the fact remains that it is appealable under Section 68. At this stage, Ms. Jagdeep Bains seeks liberty of this Court to avail the remedy, provided the objection of limitation is not taken. The aforementioned prayer is not opposed by Mr. Harit Sharma. In case, the appeal is preferred against the order dated 10.04.2013 within a period of one month from today, there shall be no objection qua limitation, in essence, period spent herein in the litigation, shall be deemed to be condoned and the appeal shall be construed to have been filed within a period of limitation. With the aforementioned direction, the writ petition stands disposed of.

(AMIT RAWAL) JUDGE April 27, 2017 Pankaj* Whether speaking/reasoned Yes Whether reportable No PANKAJ KUMAR 2017.05.01 17:52 I attest to the accuracy and integrity of this document