AI Structured Summary
Not yet generated for this judgment
Judgment
T.H.B. Chalapathi, J.—This writ petition is filed by the Bondli Co-operative Agricultural Service Society Ltd., Bondli to quash the orders of the Assistant Registrar dated 18.7.1977, and the orders in appeal passed on 29.5.1978 and the orders in revision passed by the Development Commissioner dated 26.2.1982.
The 4th respondent in the writ petition, Sohan Lal raised a dispute that he deposited a sum of Rs. 15000/- on 25.6.1974 and further Rs. 15000/- on 16.7.1974 and that the said amount is lying as deposit and that the Society refused to repay the said amount. The said dispute was referred to an arbitrator namely, the Assistant Registrar, Co-operative Societies u/s 55 of the Act. The Society took the plea that the 4th respondent could not become a member of the Society and that the amount said to have been deposited by Sohan Lal received by cashier of the Society Hukam Chand and the said Hukam Chand after passing the receipt and making entries in the pass-book issued to the petitioner embezzled the said amount and, therefore, the Society is not liable to pay the same to Sohan Lal.
On consideration of material placed before the Assistant Registrar, Co-operative Societies vide his order dated 18.7.1977 came to the conclusion that the 4th respondent was a member of the Society having paid an amount of Rs. 101/- under receipt No. 903 towards share money and admission fee. He also came to the conclusion that the pass-book clearly showed the deposit of Rs. 30,000/- i.e. Rs. 15,000/-deposited on 25.6.1974 and Rs. 15,000/- on 15.7.1974. Accordingly, the Arbitrator directed the Society to refund the amount to said Sohan Lal, 4th respondent and also observed that the Society is at liberty to recover the same from the persons at fault. The appeal filed by the Society before the Deputy Registrar, was dismissed vide his order dated 29.5.1978. As already observed, the further revision by the Society was also dismissed on 26.2.1982.
Challenging the above orders, the petitioner Society filed this writ petition.
The learned counsel for the petitioner mainly contended before me that the 4th respondent could not be a member of the Society as he was already a member of another Society and under the Bye-laws, no person could become a member of two societies. The fact that, a person cannot be a member of two societies will not come in the way of recovering the amount paid by a member who has been admitted as a member though wrongly. The receipt No. 903 which has been produced by the 4th respondent before the Arbitrator clearly shows that he has been admitted as a member and he paid Rs. 100/- as his share capital and rupee one as admission fee. Therefore, it is clear that Sohan Lal has been admitted as a member. According to him, he deposited a sum of Rs. 15,000/- on 25.6.1974 and also deposited a further sum of Rs. 15,000/- on 15.7.1974. The pass-book issued to the petitioner which has '' been produced before the Arbitrator clearly shows that the 4th respondent made the deposit of Rs. 30000/-. When he made the deposit of Rs. 30,000/- and when he wants to take back the money, the Society cannot take up the plea that the said amount was embezzled by its employee namely the cashier. The Society is responsible for the acts of its employees. It cannot deny the repayment of the amount deposited with the Society by its members. I am, therefore, of the opinion that all the Authorities below rightly concluded that the 4th respondent is entitled to recover the said amount of Rs. 30,000/- from the Society. I do not find any illegality or infirmity in the orders passed by the Authorities below in ordering the repayment of Rs. 30,000/- to Sohan Lal namely the 4th respondent.
The writ petition is, therefore, dismissed but without costs.