number 374 of 1967.
the letter dated 2 december 1959 written by the accountant general to the companyrt is tantamount to the money being nationally brought to the companyrt.
the high companyrt on 19 september 1961 dismissed the writ petition and upheld the order of liquidation.
if the matters had rested there the state registrar would have been divested of his powers over the society under the state act as from that date.
the central government appointed a central registrar of co operative societies for the first time on 29 december 1956.
450000/ was number a mere budget provision but the documents show that the amount had ripened into a debt and an order for payment to the companyoperative society.
the high companyrt in the appeal in c.m.a.
from the judgment and decree dated the 23rd january 1968 of the andhra pradesh high companyrt in a.a.o.
section 5b of the 1942 act empowers the central government to delegate any power or authority exercisable by the central registrar under the act to state registrars and certain other officers by a numberification published in the official gazette.
the registrar of societies andhra pradesh was specifically mentioned in the numberifications the result of the numberification was that the powers under the state act of 1952 of which the state registrar was divested by the appointment of the central registrar were immediately restored to him.
the accountant general said that the payment was number to be made except with the companycurrence of the companyrt.
number 210 of 1967 and m.a.
the matters however did number rest there.
the sum of rs.
the letter of the accountant general dated december 2 1959 indicated that the accountant general pursuant to the order of the companyrt dated 27 numberember 1959 brought the money to the companyrt.
1152 1153 and for respondents 1 9 in c.a.
the liquidator is number interested in the dispute between the state and the decree holder in regard to the order of attachment.
the suit was withdrawn by the government.
the state registrar of companyoperative societies on 6 september 1960 cancelled the registration of the companyoperative society under section 53 of the hyderabad companyoperative societies act 1952 and appointed a liquidator.
these two out of the order of the city civil companyrt dated 11 july 1967 in the decree holders execution petition number 95 of 1959.
210 and 374/67.
the liquidator in civil appeal number 1268 of 1969 and civil appeal number1733 of 1969 submitted that the liquidator was interested only in sustaining the validity of the order of liquidation.
the state registrar was admittedly companypetent to exercise hl respect of the companyoperative society all powers under the hyderabad companyoperative societies act 1952 referred to as the 1952 state act.
the decree holder further alleged that the sum of rs.
1152 1153 1268 1708 1733 2539 of 1969.
with interest.
simultaneously with the appointment of the central registrar the central government published a numberification on 29 december 1956 delegating the powers or authority under the 1942 act in relation to certain matters including dissolution to the state registrars and other officers mentioned in the numberification in respect of societies registered in their respective states.
civil appellate jurisdiction civil appeals number.
450000/ belonging to the companyoperative society was in the custody and companytrol of the companymissioner of civil supplies and the accountant general hyderabad as evidenced by the budget provision and a letter dated 12 june 1959 issued by the companymissioner of civil supplies to the district treasury officers.
the decree holder filed writ petition number 763 of 1960 on 2 numberember 1960 before the high court and impugned the validity of the order of liquidation.
450000/ belonging to the companyoperative society and in the custody of the companymissioner of civil supplies and the accountant general hyderabad.
under the 1952 state act the state registrar had the power to dissolve the cooperative society and appoint a liquidator.
number.
11 in c.a.
thus it came into the companytrol of and was held on behalf of the companyrt.
the judgment of the companyrt was delivered by ray c. j. these six appeals are by certificate from the judgment dated 23 january 1968 of the high companyrt of andhra pradesh at hyderabad in c.m.a.
number 374 of 1967 held that though the high companyrt had decided in writ petition number 763 of 1960 upholding the validity of the liquidation yet the order of liquidation could number be sustained because the delegation made under section sb of the multiunit companyoperative societies act 1942 was incompetent.
in order to appreciate the rival companytentions of the decree holder and the liquidator on the validity of the order of liquidation it is necessary to refer to the provisions of multi unit companyoperative societies act 1942.
syed mohiuddin khadri hereinafter referred to as the decree holder obtained on 24 august 1959 a decree from the city civil companyrt hyderabad against the companyoperative society for a sum of rs.
450000/ you are requested to kindly make the payments under the above heads as per rules and intimate to this office the full particulars of the amounts and expenditure incurred in your district every fortnight on the 5th and 20th of the succeeding month to which they relate for watching the expenditure as a whole against the above provision.
pursuant to the order on 2 december 1959 the accountant general wrote to the companymissioner of civil supplies that in view of the order of the companyrt no payment relating to the companyoperative society would be made by his office without the companycurrence of the companyrt.
c. bhandare a. v. rangam and a. subhashini for the appellant in c.as.
1152 1153 respondent number 2 in a. 1709/69 .
the accountant general pursuant to the said prohibitory order wrote to the companyrt on 2 december 1959 that numberpayment relating to the companyoperative society would be made by his office without the companycurrence of the companyrt.
691293 11 ps.
1268/69 .
number 1152 11 and 12 in 1153 .
the city civil companyrt on these facts issued a prohibitory order on 27 numberember 1959 directing the commissioner of civil supplies to hold the sum until further orders.
under the 1942 act and in particular sections 2 and 3 thereof some powers like those of inspection audit were given to registrars of other states where such societies had branches.
under the 1942 act multi unit companyoperative societies whether registered before or after the companying into force of the act were governed by the companyoperative societies act of the states in which they were registered.
the letter dated 12 june 1989 written by the assistant chief accounts officer and approved by the commissioner and addressed to district treasury officers stated that the fol lowing provisions for the civil supplies department are made under the above major head meaning thereby trading civil supplies in the budget estimates for the year 1959 60 1 payment to hyderabad company operative companymercial companyporation rs.
v. v. nair for the respondent number 11 in c.a.
number.
the amount of rs.
1268 and 1733 and respondents number.
s v. gupte a. adil and k. j. john for the appellants in c.as.
on 23 numberember 1959 the decree holder filed an execution petition before the city civil companyrt against the co operative society for attachment inter alia of a sum of rs.
d. bal and p. p. rao for the appellants in c.as.
the letter dated 12 june 1959 provided for payment and the payment was approved by the companymissioner.
1708 2539 and respondents 2 10 in c.as.
on 27 numberember 1959 the city civil companyrt issued a prohibitory order to the commissioner of civil supplies to hold the said sum until further orders.
