Sadhan Sahkari Samiti Ltd. ... vs State Cadre Authority (U.P. ...
2022 Latest Caselaw 10618 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 137 of 2022
 

 
Appellant :- Sadhan Sahkari Samiti Ltd. Dillauna, Barabanki Thru. Chairman Saraswati Devi (In Wria 71 Of 2012)
 
Respondent :- State Cadre Authority (U.P. Primary Agriculture Cooperative Credit Societies) Lko. And Others
 
Counsel for Appellant :- Hari Bux Singh,Akhilesh Pratap Singh
 
Counsel for Respondent :- Jaibind Singh Rathour,Nirankar Singh
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Rajnish Kumar,J.

(C.M.Application No.1 of 2022)

Having heard the learned counsel for the appellant, Sri H.B.Singh, learned counsel representing the respondent No.1, Sri Jaibind Singh Rathour and Sri Vikrant Raghuvanshi, learned counsel representing the respondent No.4 and having regard to the averments made in the application seeking condonation of delay, the application is allowed and the delay in moving the Special Appeal is hereby condoned.

(Order on memo of Special Appeal)

By means of this Special Appeal filed under Chapter VIII Rule 5 of the Rules of the Court, a challenge has been made to a judgment and order dated 24.02.2020, passed by the learned Single Judge in Writ Petition No.71(SS) of 2012 which was filed by the respondent No.4-petitioner, whereby a direction has been issued to the appellant to pay all the dues to the respondent No.4-petitioner along with interest at the rate of 6% per annum.

When we peruse the order passed by the learned Single Judge, what we find is that in the proceedings before the learned Single Judge, the appellants could not dispute the entitlement of the respondent No.4-petitioner for payment of the amount prayed for by him. Learned Single Judge has recorded a finding that only objection taken before him was that the appellant-Cooperative Society is in losses and hence it is unable to make payment. Learned Single Judge has recorded further that insufficiency of funds of the Society cannot be a reason for denying the legal entitlement of the respondent No.4-petitioner.

Learned counsel for the petitioner has not been able to point out any flaw or error in the judgment and order dated 24.02.2020, passed by learned Single Judge.

The Special Appeal is, thus, hereby dismissed.

Order Date :- 18.8.2022

Sanjay

.....

Before the order could be signed, Sri H.B.Singh, learned counsel for the appellant appears and states that he could not place the complete arguments on account of the fact that he has not been feeling well.

Accordingly, list/put up this case on Monday i.e. 22.08.2022.

Order Date :- 18.8.2022

Sanjay