LALIT VISHWAKARMA AND 6 OTHERS v. UNION OF INDIA AND 2 OTHERS
WRIC/3185/2025 · 2025-03-19
Anjani Kumar Mishra, Jayant Banerji
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13578 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13578 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40488-DB Court No. - 3 Case :- WRIT - C No. - 3185 of 2025 Petitioner :- Lalit Vishwakarma And 6 Others Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Agam Jain Counsel for Respondent :- A.S.G.I.,Gaurav Bishan Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J.
1. Supplementary affidavit filed today in Court is taken on record. 2. Heard counsel for the petitioner and counsel appearing for the respondent no. 1. 3. This writ petition has been filed seeking the following relief:
"1. To direct the Respondent no. 2 to take action upon the representations of the petitioners with in a limited time frame and to initiate inquiry against the Respondent no. 3 as prescribed under the Multi-State Co-operative Society Act, 2002 and to ensure that all payment which is due shall be paid as soon as possible to the investors/creditors."
4. From the relief quoted above, it is clear that the petitioners want an inquiry to be conducted against the respondent no. 3 under Section 78 of the Multi-State Co-operative Societies Act, which provides for an inquiry to be conducted by the Central Registrar. The other prayer is that the money which is due to be paid to the petitioner be paid to the petitioners. 5. On the previous occasion, counsel for the petitioners had been granted time to bring on record the material to show that the petitioners were creditors of the society. A supplementary affidavit has been filed today annexing receipts to show that the petitioners have invested in fixed deposits in the Loni Urban Multi-State Credit and Thrift Co-operative Society. The maturity date in these fixed deposit certificates is mentioned as 30.3.2038. No other material had been brought on record by the petitioners which would indicate that these fixed deposits which are to mature on 30.3.2038 have been sought to be permanently refunded. 6. Under the circumstances, the petitioners have not been able to show that there is any amount due to them from the society as on
date. Therefore, the petitioners though may be creditors, cannot be said to be aggrieved at this stage so as to seek an inquiry as contemplated under Section 78. 7. The second aspect is that a direction has been sought for an inquiry to be conducted in accordance with law under Section 78 of the Act.
This power of inquiry vests with the Central Registrar but only on a request from a federal cooperative to which a multi- state cooperative society is affiliated or a creditor or not less than one-third of the members of the board or not less than one-fifth of the total number of members of a multi-state cooperative society. 8. In the facts and circumstances, the petitioners have not been able to demonstrate that they fulfill any such criteria. On account of both the foregoing reasons, we do not find any substance in the writ petition. It is, accordingly, dismissed. Order Date :- 20.3.2025 A. V. Singh Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad