Madhya Pradesh High Court
Heralal Vishwakarma vs Sewa Sahkari Samiti Maydt on 6 September, 2010
1 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 2 W.P.No.11571/10 Heralal Vishwakarma Sewa Sahkari Samiti/Sanstha Mydt. Badagaon, Chattarpur 6.9.2010