Puran Singh vs State of Haryana

R.S. Narula, C.J., and Harbans Lal, J.

Section 67A of the Punjab Co operative Societies Act, 1961, has been held to be intra vires by a Deputy Commissioner. That point is, therefore, settled so far as this Court is concerned.

The only other point pressed by Mr. Majithia is about the nonservice of notice of demand on the petitioner before issue of the certificate by the Assistant Registrar. Counsel for the respondents state that in order to avoid unnecessary complications they agree that the impugned certificate may be treated as cancelled and that the Assistant Registrar would now proceed with the matter de movo after proper service of notice of demand on the petitioner. Counsel for both sides further submit that a date for the appearance of the petitioner before the Assistant Registrar Cooperative Societies, Kaithal, may now be fixed. We accordingly direct that the impugned certificate already issued by the Assistant Registrar and the recovery proceedings based thereon are quashed, and that the petitioner may appear before the Assistant Registrar Cooperative Societies, Kaithal, at 10.30 A.M. on November 4, 1975, and that the Assistant Registrar may then proceed with the matter in accordance with law in the presence of the petitioner unless he wilfully absents himself from appearance before him on the date and at the time fixed above.

Before parting with the case we wish to observe that notices of demand in such cases have to be served strictly in accordance with the requirements of Rule 71 read with subrule (3) of rule 74 of the Cooperative Societies Rules, and that such a notice must be given or tendered to the debtor himself, and in case he is not found, it has to be left at is place of residence or business. Such a notice cannot lawfully be served by being sent to the debtor through or care of the Secretary of the creditorsociety itself. Such an attempt to serve the debtor, if it remains unsuccessful, would amount to almost a fraud upon the requirement of service of notice.

This particular writ petition is, however, allowed in the terms hereinabove stated in view of the concession made by the counsel for the respondents.