1-BGH COURT OF CHHATTISGARH AT BILASPUR W. P.fONo. 1924 of 2007 Petffionere 1 'V ^- Versus Respondents 1 Asim Kumar Datta, S/o lerte Anil Kumar Datta, aged about 66 yeare, ReBred Govt. Employee, R/o H. No. 12, Shaitandra Nagar, Ameri, Tahsil Takhatpur, District - Bilaspur(C.G.). Ashish K Etotta, S/o late Shri Aril Kumar Datfa, aged about 54 yeare, Occupation - Senior Cieric, Regliona! Hosptel, SECL, R/o Charcha Colliery, Baikunthpur, DisfrictKorea(C.G.) Smt. Chhinder Kour Grewal, W/o iate J. S. Grewal, aged ^wut 58 years, R/o H.No.7, Shailndm Nagar, Amri, Tashil Takha4>ur and District Bilaspur (C.G.). IMahendra Pandey, aged about 46 years, S/o Shri T.P.Pandey, occupation Govemment Servant Head Constabl®Posted at Shiwi Narayan, District Raipur (C.G.) Smt. Madhur Veena Baxla, W/o Niman toxala, aged about 41 years, Wo H.No.1, Shailndra Nagar, Ameri Tashi! Takhatpur Distt. Bilaspur (C.G.) Joldan Kujur, S/o Rafeul Kujur, aged about 42 yess, occupefflon Asastant Teachw, Govt. Midle School, Chichirda, R/o H.No. 26, Shailendra Nagar, Ameri, Bilaspur, Tashil & Distt. Bitaspur (C.G.). Samsun isfand. S/o Itfe K.IW. Nand, aged about 41 years, Occupation - Senior Operation (El^icat) NTPC, Jamnipali, Korba, R/o Q.No. A- 1517, Kaveri Vihar, Jamnipaff, NTPC, Kwba (C.G.) State of Chhattisgarti, through Secretery, Departenent <rf Revenue, DKS Bhawan, Mantralaya, Raipur (C.G.). The Avasheen Grih NInnan Sahkari Samiti Maiyadft (A Samifi registered under Regi^-ation No. UPB/70/92, Amri, Tahsil Takha4)ur. District Bitaspur (C.G.) ftrough its 5. 6. Chairman Shri Ayoub RtAert Brovwi, S/o late WJBrown, aged about 52 year, R/o Mangala, Bila^»ur, TahsB and Dishict Bilaspur(C.G.). Samua! James, S/o not towwt, agd about 56 years, occupation- Director, Avashen Grih Nirman Samffi, Jarhabhata, Mandir Chowfc, Bilaspur, Tahsit and Distoict Bilaspur (C.G.). The ttien M.P. Rajya Sahkari Avas Sangh WtaryaM, Bhopal OM.P.), Now C.G. Rajya Sahkari Avas Sangh Maryadit, Raipur (C.G.) Through ite Chairman. Dena Bank, Ihrough Chief Manager/Authwized OfRcer, Regknal OfRce, Raipur (C.G.). Cent Bank Hom®Finance im^sd through Branch Manager, Surya Bhawan, Main Road, Juna, Bilaspur, Tahsil & District BBaspur (C.G.) SB: Hon'ble Mr. Justice Satish K. Agnihotri, <J ¥- Smt. Hamicta Sidck(ue, Advocate for tFie petffioners. Shri Utkarsh Verma, Deputy Govemment Advocate for the respondent No.1. ORDER (Passed on this 2nd day <rf April, 2007) 1. The respondent No.2 society. namely Avashen Grih Nirman Sahkari Samiti Maryadit (for short the Society') is r^istered under ttie prowsrons of ChhatBsgarti Cooperative Societtes Act, 19®)(for short 'the Act, 1960"). The main dispute, raised in this petifion, is that 8ie Society has obtained loan firom e respondent No.4, mortgaging ttie enfire property, wiftout consent of the peCfioners, who are member of the society. The Society has also obteined loan, affegedly from the respondents No. 5 and 6. The petiflonere have never applied (br any loan and have paid the installments w'th their own arrangements. \ 2. Be ttiat as it may, it involves disputed quesBons of facte, which can be resolwd by the Registrar. Cooperative Societies, in exercise of its powers under Ssction 64 of 8ie Act, 1960. L^imed eounsel appsaring Tor Uie petitioners submits that despite representaBons made to the Registrar, Cooperath/e Societes, no actton has been teksn so far. 3. In view of the nature of the case and the dbputed facts invoh/ed, and for proper adjudication of the case, it would be just and proper to direct the Registrar, CooperaBve Societies, to resoh^e the di^>ute invoived herein Shis pstifion, in exereise of his powers under Section 64 of flie Act, 1%0. The peSfioners are at liberty to make an applicatJGn within a period of 15 days from today to the Regstoar, Cooperatwe Societies, raising alt their grievances, for atjjudisation. in accordance with law, with an applicatfon for stay of the recovsry againstttie petitioners. 4. In view of the foregoing, this petiBon is disposed of. Howwer, no coercive steps be taken by ttie reqaondents against the petittoners, for 15 days from ihe ctate <rf this order. ;~—Sd/-~ Satish K.Agnihotri Thakur . Judge