Rameshwar Lal Swami Son Of Shri ... vs Registrar
2023 Latest Caselaw 739 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

               S.B. Civil Writ Petition No. 803/2023

Rameshwar Lal Swami Son Of Shri Rupa Das Swami
                                                                   ----Petitioner
                                   Versus
Registrar, Cooperative Societies & Ors.
                                                                ----Respondents

For Petitioner(s) : Mr. Sandeep Mathur For Respondent(s) :

HON'BLE MR. JUSTICE SUDESH BANSAL Order 23/01/2023 Petitioner, by way of instant writ petition, has challenged the

order dated 11.04.2016 passed by the Deputy Registrar invoking

the powers under Section 57(2) of the Rajasthan Co-Operative

Society Act, 2001, whereby on account of appointing Sh. Laxman

Swami S/o Sh. Rameshwar Lal Swami (petitioner) as Assistant

Manager of the Society, petitioner has been held liable to make

payment of Rs.93000/- along with interest @ 18% per annum.

The Order dated 11.04.2016 has been affirmed by the Registrar,

Cooperative Societies in appeal vide judgment dated 03.10.2016

and the second appeal filed thereagainst before the Rajasthan

State Cooperative Tribunal (the Tribunal) has also been dismissed

vide judgment dated 28.11.2022, however the Tribunal has

reduced the rate of interest from 18% to 9%.

Learned counsel for petitioner states that the appointment of

Sh. Laxman Swami was with the approval and concurrence of the

Executive Committee and therefore, petitioner may not be solely

held responsible.

                                                                         (2 of 2)                        [CW-803/2023]


                                         Heard.

                                         Admit.

                                         Issue notice to respondents.

                                         Heard on the stay application.

If, petitioner deposits principal amount of Rs.93000/- before

the Sikar Central Cooperative Bank, Sikar within a period of four

weeks from today, the execution of amount pursuant to impugned

order dated 11.04.2016 passed by the Deputy Registrar and as

has been modified by the Tribunal vide judgment dated

28.11.2022 against the petitioner, shall remain stayed.

If, petitioner deposits principal amount of Rs.93000/- as

stated hereinabove, the same may be kept in FDR.

Needless to say that in case of non-deposition, the Society

would be free to recover the amount from the petitioner pursuant

to impugned order dated 11.04.2016, as modified by the Tribunal

vide judgment dated 28.11.2022.

(SUDESH BANSAL),J

SACHIN/1

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