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Heralal Vishwakarma vs Sewa Sahkari Samiti Maydt on 6 September, 2010

Madhya Pradesh High Court
Heralal Vishwakarma vs Sewa Sahkari Samiti Maydt on 6 September, 2010
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                           W.P.No.11571/10

     Heralal Vishwakarma                      Sewa Sahkari Samiti/Sanstha Mydt.
                                              Badagaon, Chattarpur




     6.9.2010
           Shri Pratyush Tripathi, Counsel for petitioner.
           Petitioner has sought following reliefs:-
            "(i).   This Hon'ble Court may kindly be pleased to call upon the
            entire material on record for kind perusal of this Hon'ble Court.
            (ii)    This Hon'ble Court may kindly be pleased to quash and set
            aside the order dated 16.6.10 passed by the learned Joint
            Registrar and confirmed the order passed by Dy. Registrar.
            (iii)   That Hon'ble Court may kindly be pleased to issue
            writ/order/ direction that provision of Section 67 of the Act read
            with order 39 rule 2(2) C.P.C. are applicable in service matters.
            (iv)    Any other relief which this Hon'ble Court deems fit and
            proper under the facts and circumstances of the case, may kindly
            be granted to the petitioner alongwith cost of the entire litigation."


           Contention of the petitioner is that against an interlocutory order
     passed by the Deputy Registrar, Co-operative Societies, by which
     termination order of the petitioner Annexure P/2 dt. 18.5.010 was
     stayed, an appeal was preferred by the Department before the Joint
     Registrar, Co-operative Societies, Sagar which was allowed and the
     interlocutory order passed by the Deputy Registrar was set aside.
     Against the order of the Joint Registrar, petitioner herein has filed a
     second appeal before the M.P. State Cooperative Tribunal, Bhopal
     which was registered as S.A.No.95/10. However, the tribunal has not
     granted interim stay against the appellate order by the Joint Registrar,
     Cooperative Society.
           From the perusal of the record, we find that petitioner's second
     appeal is pending before the Tribunal. The tribunal is seized with
     matter, so at this juncture we do not find any reason to interfere in the
     matter. However, we direct the Tribunal to expedite the hearing of
     Second Appeal No.95/10 and shall make an endeavour to decide the
     same expeditiously as far as possible within a period of three months
     from the date of communication of this order.
           No order as to costs. C.C. as per rules.


     (Krishn Kumar Lahoti)                                 (J.K.Maheshwari)
C.          Judge                                                Judge
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                      W.P.No.11571/10

Heralal Vishwakarma                     Sewa Sahkari Samiti/Sanstha Mydt.
                                        Badagaon, Chattarpur




6.9.2010

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