Citation : 2021 Latest Caselaw 1045 MP
Judgement Date : 24 March, 2021
1 WP-6407-2020
The High Court Of Madhya Pradesh
WP-6407-2020
(AHMAD HUSSAIN ANSARI Vs THE STATE OF M.P. AND OTHERS)
3
Jabalpur, Dated : 24-03-2021
Shri Atul Choudhari, learned counsel for the petitioner.
Shri Dilip Parihar, learned Panel Lawyer for the respondents/State.
Heard on the question of admission and interim relief. Learned counsel appearing for the petitioner submits that in terms of Section 84-A of the M.P. Co-Operative Societies Act, 1960, the Registrar was required to
conduct an appropriate enquiry before issuance of the RRC. He further submits that no such enquiry has been done by the Registrar nor any such order has been passed and the RRC has been issued in pursuance to Annexure P/1 issued by the Dy. Collector and that the debt which is sought to be recovered is time barred as the last deposit made by the petitioner was in the year 2008. In support of his submissions, he has placed reliance upon the judgment of this Court in the matter of New Laxmi Oil Mills, Barwaha Vs. Bank of India, Barwaha and others, AIR 1998 MP 161.
Learned counsel for the State prays for time to obtain instructions and file the reply.
List after two weeks.
In the meanwhile, the respondents are restrained from taking coercive action in pursuance to the impugned RRC.
C.c. as per rules.
(PRAKASH SHRIVASTAVA) JUDGE
DV
Signature Not Verified SAN
Digitally signed by DINESH VERMA Date: 2021.03.25 17:18:01 IST
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