BISWA @ BISWO RANJAN BEHERA v. BALASORE BHADRAK CENTRAL COOPERATIVE BANK LTD
WP(C)/22706/2024 · 2025-01-22
S K Panigrahi
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 55159 (ORI) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55159 (ORI) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22706 of 2024
Biswa @ Biswo Ranjan Behera & Ors. …. Petitioners Represented By Adv. Mr. Nalini Kanta Dash -versus- Balasore Bhadrak Central Cooperative Bank Ltd. & Anr. …. Opposite Parties Represented By Adv. Mr. Baidhar Sahoo
CORAM:
DR. JUSTICE S.K. PANIGRAHI
Order No.
ORDER 22.01.2025
03.
1. This matter is taken up through hybrid arrangement.
2. Heard.
3. The Petitioners have filed this Writ Petition with the following prayer:-
“The petitioners therefore pray that this Hon'ble Court may be pleased to issue RULE-NISI to the opposite parties to show cause as to why the demand under annexure- 4 series & 5 series, shall not be quashed;
If the opposite parties fail to file any show cause or file insufficient show cause then the said RULE- NISI may be held absolute by issuing appropriate writ may quash the demand as per the statement of accounts dated 19.06.2024 as under annexure 4 series and the
demand notice dated 19.06.2024 as under annexure - 4 series & 5 series, in the interest of justice.
May also pass such other order/orders and direction/directions that may deem fit and proper under the facts and circumstances of this case;
For which act of your kindness the petitioners as in duty bound shall ever pray.”
4. Considering that the Petitioner has an alternative remedy under Section 68 of the Orissa Cooperative Societies Act before the Registrar, Cooperative Societies (RCS), the Court declines to entertain the present petition. If the petition under the above provision is filed by the Petitioner not later than 3rd March, 2025 accompanied by an application for condonation of delay explaining the delay on account of the pendency of the present petition, it will be considered in accordance with law by the RCS. If the application is filed within the time stipulated accompanied by an application for interim relief, then till such time the RCS passes an order therein, no coercive action shall be taken against the Petitioner.
5. Accordingly, the Writ Petition is disposed of.
(Dr. S.K. Panigrahi) Judge Sumitra