on appeal the deputy registrar set aside the award on the ground that the appellant was surch arged in surcharge case number 18 of 1976.
number 1819 of 1979 which was dismissed in limine by the patna high court on august 2 1979.
registrar of companyoperative societies gave numberice to the appellant and amended under s. 16 5 of the a.p.
the registrar referred the matter to the asstt.
from the judgment and order dated 2.8.1979 of the patna high companyrt in c.w.j.c.
on a revision filed against the order under s. 77 the registrar gave certain directions which was assailed being without jurisdiction.
95790.54 and for recovery thereof proceedings were initiated under s. 48 of the bihar and orissa companyoperative societies act vi of 1935 for short the act with interest accrued thereon of rs.
thus this appeal by special leave.
on further revision the first respondent set aside the appellate order and confirmed the award with a further direction to pay interest till date of recovery.
civil appellate jurisdiction civil appeal number2168 of 1980.
in support thereof he placed strong reliance on din dayal singh v. the bihar state companyperative marketing union limitedair 1976 patna it is further companytended that surcharge proceedings against the appellant were initiated under s. 40 in which the appellant was found payable of partial amount as against which the society filed an appeal before the govern ment which is pending.
development cane marketing union gopal ganj was said to have defalcated a sum of rs.
k. khanna and r.p.
number1819 of 1979.
25555 as on december 30 1976.
company operative societies act the bye laws of the society so as to restrict the area of operation within the specified area.
the award amounts to double jeopardy for the same liability.
c. goyal for the respondents.
the appellant filed c.w.j.c.
singh for the appellant.
the judgment of the companyrt was delivered by ramaswamy j. the appellant the ex treasurer of the gopalganj companyop.
registrar gopalganj who on en quiry and having given the opportunity to the appellant passed an award in case number 400 of 1975 on december 30 1976 for the aforesaid sums.
