(PER : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The basis of the present petition is alleged breach and non-compliance to the order dated 30.07.2012 passed by this Court in Special Civil Application No.16315 of 2010, whereby, the direction was given to submit audit report of last five years to the Central Registrar and the Central Registrar was directed to take appropriate action after giving opportunity of hearing to the affected persons.
2. We have heard Ms. Paurami Sheth, learned advocate for the applicants, Mr. PS Champaneri learned counsel for the opponent no.1 & 4, Mr. Amar Bhatt, learned advocate for the opponent no.2, Mr. Dipak Dave, learned advocate for the opponent no.3 and Mr. Soni, learned AGP for the opponent no.5.
3. It appears that after submission of the audit report of last five years, the Central Registrar exercises power u/s.83(1), vide order dated 29/05/2013 has directed for audit through professional Chartered Accountant.
4. As per Mr. Dave, learned advocate for respondent no.3, the auditor has taken over and he would require about four months' time to submit the report. It was submitted that if the said action is expedited, the Bank would request the Chartered Accountant to complete the work within prescribed time.
5. In our view as such action could be said as already initiated, however, taking into consideration the larger public interest for the implementation of the order by this Court, the respondent no.3-Bank shall convey to the Chartered Accountant to submit report within a period of three months. After submission of the report, the Central Registrar shall take appropriate action within One months therefrom. If aforesaid exercise is completed, the order would stand complied with.
6. Learned counsel for the petitioner, however, voiced the grievance that pending the inquiry, the property of the Bank held by respondent-Bank may not be transferred. In our view, such can be sufficiently taken care of by the Liquidator under the provision of Multi State Co-operative Societies Act. If the petitioner has any information, the same may be brought to the notice of the Liquidator and may ensure that Liquidator would undertake the exercise for protecting the property of the Bank, so as to ultimately make available to the creditors or depositors of the Bank.
7. In view of the aforesaid directions and observations, we find that the present proceedings are not required to be continued further. Disposed of accordingly with liberty to apply in case of difficulty.
(JAYANT PATEL, J.) (Z.K.SAIYED, J.) aruna Page 3 of 3