IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 7172 of 2007 DATE OF DECISION : 11.09.2008 Kuldip Kaur and others .... PETITIONERS Versus State of Punjab and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. Ashwani Bakhshi, Advocate, for the petitioners. Mr. N.S. Virk, Addl. A.G., Punjab, for respondents No.1 to 5. Ms. Jyoti Sareen, Advocate, for respondent No.6. * * * SATISH KUMAR MITTAL , J. The petitioners, who allege themselves to be members of the Anjoha Co-operative Agriculture Service Society Limited, Ajnoha – respondent No.6 (hereinafter referred to as `the respondent Society'), have filed this petition under Article 226 of the Constitution of India for issuing direction to respondents No.1 to 5 to take action against the guilty office bearers of the respondent Society, who have mis-appropriated lacs of rupees of the investors/members of the respondent Society and further for a direction to respondent No.3 – Assistant Registrar, Cooperative Societies, CWP No. 7172 of 2007 -2- Garhshankar, District Hoshiarpur, to make payment of the amount of the petitioner, lying in the account of the respondent Society. Pursuant to the notice, written statement on behalf of respondents No.1 to 3 has been filed, in which it has been stated that vide resolution dated 30.7.2005, the Secretary of the respondent Society was placed under suspension. Subsequently, vide order dated 6.9.2005, the Managing Committee of the respondent Society was suspended and the Administrator was appointed by respondent No.3. A criminal case under Section 409/120-B IPC has also been registered against the Secretary. Regarding the amount deposited by the petitioners, it has been stated that at present, the answering respondents are not having any funds and as soon as the funds are available with the respondent Society, the payment will be made to the persons entitled to as per the audit report of the Society. We have heard counsel for the parties. In our view, as per the averments made in the written statement filed on behalf of respondents No.1 to 3, the action has already been taken against the defaulting officials. The Administrator has been appointed for managing the affairs of the respondent Society. An FIR has been registered against the Society. Therefore, in our opinion, no further direction is required to be issued in this regard. Regarding the second prayer of the petitioners, we are of the opinion that it has been stated in the written statement that as and when the funds will be available with the respondent Society, the payment will be made to the persons entitled to as per the audit CWP No. 7172 of 2007 -3- report of the Society. Even otherwise, the petitioners have remedy of seeking reference of the the matter to Arbitration under Section 55 of the Punjab Co-operative Societies Act, 1961. In view of this, no direction to the respondent Society to make payment to the petitioners is required. In view of the above, we do not find any merit in the instant writ petition and the same is hereby dismissed. ( SATISH KUMAR MITTAL ) JUDGE September 11, 2008 ( JASWANT SINGH ) ndj JUDGE