Rajkumar Sharma and Sunita Sharma and Rajesh Kumar Gupta and Manju Gupta and Shyam Babu Goyal and Kamlesh and Shankar Lal and Asharfi Devi and Harish Kumar Saini and Geeta Devi and Mohan Singh and Nand Kishore and Archana and Saroj Devi and Neelam Sharma and Jitendra Kumar Gudheniya and Bhagwati and Mitlesh Kumari and Deen Dayal and Kunal Khandelwal and Rekha and Niharika Khandelwal and Mahesh Sharma and Dinesh Kumar Gupta and Ankit Khandelwal and Gaurav Khandelwal and Megha Khandelwal and Vinita Khandelwal and Ronak Khandelwal and Shivani Khandelwal and Purvi Khandelwal and Anita Khandelwal and Goga Kaur and Rajesh Kumar Gupta and Kamla Devi and Alok Kumar Gupta and Prahlad Kumar Khandelwal and Shweta Khandelwal and Pushpa Gupta and Padam Singh and Ravindra Kumar and Madhu Jain and Chanda Jain and Anil Kumar Jain and Anuj Jain and Rajendra Kumar Jain and Indu Jain and Hansraj Jain and Mohita Parakh and Meetu Parakh and Avnish Kumar Tiwari and Nishant Jain and Manorma Jain and Pradeep Yogi and Preetam Tanwar and Santosh Sharma and Asha Jain and Ankita Jain and Shubham Jain and Vimla Jain and Ketan Benara and Alka Benara and Ravindra Kumar Mehta and Ravindra Kumar Mehta (Huf) and Saroj Mehta and Garima Mehta and Hemant Kumar Sharma and Nagina Devi and Kalpana Jain and Achyut Mohan Dhaker and Suman Dhakad and Seema Bagda and Snehlata Jain and Chandrakala and Meenakshi Kanwar and Vijay Laxmi Shekhawat and Lalita Parihar and Mohit Singh and Sunita Goyal and Sudha Goyal and Shalini Arya and Chandra Kanta Sharma and Vinod Kashyap and Gayatri Kashyap and Versha Kashyap and Akash Kashyap and Shubhi Gupta and Mahesh Goyal and Sarita Goyal and Vanshika Goyal and Sudhanshu Sharma and Jaya Sharma and Rajendra Singh and Sita Devi and Geeta Panwar V. Union Of India, Through Central Registrar Of Co- Operative Societies, Ministry Of Cooperation, Government Of India, Krishi Bhawan, New Delhi and State Of Rajasthan, Through The Secretary, Department Of Co-Operative Societies, Government Of Rajasthan, Jaipur, Rajasthan and The Commissioner, Office Of The Central Registrar Of Co- Operative Societies, Ministry Of Cooperation, Government Of India, Krishi Bhawan, New Delhi and The Registrar, Adarsh Credit Cooperative Society Limited, Central Office, Udaipur, Rajasthan and The Liquidator Of Adarsh Credit Cooperative Society Limited, Through Central Registrar Of Co-Operative Societies, Ministry Of Cooperation, Government Of India, Krishi Bhawan, New Delhi

CW/2200/2022

AI Insights

The case involves multiple petitioners who had made deposits under various schemes with the Adarsh Credit Co-operative Society Ltd., which was subsequently closed and a liquidator was appointed. The petitioners filed a writ petition seeking a directive for the respondents to decide on their claim applications for the release of their deposits, which had not been released unlike those of other creditors. The court's decision was to direct the respondents to address the petitioners' claims within a specified timeframe.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 811756 (HC-RAJASTHAN)
• Appeal Type: Others
• Pronouncement Date: 15-02-2022
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: MUKESH RAJPUROHIT; MRIGRAJ SINGH
• Assessee Lawyers: VIKRAM SINGH BHATI
• Keywords: Civil Writ Petition; Claim Application; Co-operative Society; Deposits; Liquidation

Judgement Text

"HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 2200/2022 1. Rajkumar Sharma S/o Shiv Shankar Sharma, Aged About 53 Years, R/o C-4, Girraj Colony, Bharatpur. 2. Sunita Sharma W/o Rajkumar Sharma, Aged About 44 Years, R/o C-4, Girraj Colony, Bharatpur. 3. Rajesh Kumar Gupta S/o Niranjan Lal, Aged About 44 Years, R/o 56, Kumher Gate, Maharanapratap Colony, Bharatpur. 4. Manju Gupta W/o Rajesh Kumar Gupta, Aged About 39 Years, R/o 56, Kumher Gate, Maharanapratap Colony, Bharatpur. 5. Shyam Babu Goyal S/o Bhagwan Das Goyal, Aged About 57 Years, R/o Shyam Book Store, Kumher Gate, Bharatpur. 6. Kamlesh W/o Shyam Babu Goyal, Aged About 56 Years, R/o Kumher Gate, Bharatpur. 7. Shankar Lal S/o Sarman Lal, Aged About 70 Years, R/o Saini Mohalla, Namak Katra, Bharatpur. 8. Asharfi Devi W/o Shankar Lal, Aged About 70 Years, R/o Head Post Office Paibagh, Namak Katra, Bharatpur. 9. Harish Kumar Saini S/o Shankar Lal, Aged About 38 Years, R/o Namak Katra, Saini Mohalla, Bharatpur. 10. Geeta Devi W/o Harish Kumar Saini, Aged About 34 Years, R/o Head Post Office, Paibagh, Saini Mohalla, Namak Katra, Bharatpur. 11. Mohan Singh S/o Manohari, Aged About 66 Years, R/o Atal Band, Kankar Wali Kuiya, Bharatpur. 12. Nand Kishore S/o Sadu Ram, Aged About 69 Years, R/o 63, New Adarsh Colony, Paibagh, Bharatpur. 13. Archana D/o Nand Kishore, Aged About 32 Years, R/o New Adarsh Colony, Paibagh, Bharatpur. 14. Saroj Devi W/o Nand Kishore, Aged About 61 Years, R/o 63, New Adarsh Colony, Paibagh, Bharatpur. 15. Neelam Sharma W/o Jitendra Gudheniya, Aged About 45 Years, R/o Old Laxman Mandir Ke Piche, Bharatpur. 16. Jitendra Kumar Gudheniya S/o Rajendra Prasad, Aged About 47 Years, R/o Old Laxman Mandir Ke Piche, (2 of 8) [CW-2200/2022] Bharatpur. 17. Bhagwati W/o Niroti Lal, Aged About 43 Years, R/o Kumher Gate, Mali Mohalla, Bharatpur. 18. Mitlesh Kumari W/o Chandra Prakash, Aged About 54 Years, R/o Gudri Mohalla, Sunar Gali, Kumher, Bharatpur. 19. Deen Dayal S/o Kedar Nath, Aged About 53 Years, R/o Gudri Mohalla, Kumher, Bharatpur. 20. Kunal Khandelwal S/o Deen Dayal Khandelwal, Aged About 21 Years, R/o 00, Gudri Mohalla, Sunar Gali, Kumher, Bharatpur. 21. Rekha W/o Deen Dayal, Aged About 47 Years, R/o Gudri Mohalla, Sunar Gali, Kumher, Bharatpur. 22. Niharika Khandelwal D/o Chandra Prakash Khandelwal, Aged About 30 Years, R/o Sunar Gali, Gudri Mohalla, Kumher, Bharatpur. 23. Mahesh Sharma S/o Kaila Prasad, Aged About 48 Years, R/o Ward No.3, Halwai Mohalla, Kumher, Bharatpur. 24. Dinesh Kumar Gupta S/o Nathi Lal Gupta, Aged About 58 Years, R/o Picture Place Ke Piche, Kumher Gate, Bharatpur. 25. Ankit Khandelwal S/o Dinesh Kumar Gupta, Aged About 33 Years, R/o Rewti Kuteer, Behind Picture Place, Kumher Gate, Bharatpur. 26. Gaurav Khandelwal S/o Dinesh Kumar Gupta, Aged About 32 Years, R/o Behind Picture Place, Kumher Gate, Bharatpur. 27. Megha Khandelwal W/o Ankit Khandelwal, Aged About 31 Years, R/o Rewti Kutir, Behind Picture Place, Kumher Gate, Bharatpur. 28. Vinita Khandelwal W/o Dinesh Kumar Gupta, Aged About 51 Years, R/o Rewti Kutir, Behind Picture Place, Kumher Gate, Bharatpur. 29. Ronak Khandelwal W/o Gaurav Khandelwal, Aged About 31 Years, R/o Rewti Kutir, Behind Picture Place, Kumher Gate, Bharatpur. 30. Shivani Khandelwal D/o Dinesh Kumar Gupta, Aged About 30 Years, R/o Rewti Kutir, Behind Picture Place, Bharatpur. 31. Purvi Khandelwal W/o Rajesh Kumar Khandelwal, Aged About 36 Years, R/o Behind Primary School, Adarsh (3 of 8) [CW-2200/2022] Colony, Jain Mandir Ke Piche, Mandawar, Mahwa, Dausa. 32. Anita Khandelwal W/o Ramavtar Khandelwal, Aged About 50 Years, R/o Behind Jain Maindir, Adarsh Colony, Mandawar, Mahwa, Dausa. 33. Goga Kaur W/o Sher Singh, Aged About 46 Years, R/o Namak Katra School Ke Pas, Kamla Road, Bharatpur. 34. Rajesh Kumar Gupta S/o Late Shri Jagdish Prasad Gupta, Aged About 72 Years, R/o Raj Niketan Anah Gate, Near Pathar Ki Tall, Bharatpur. 35. Kamla Devi W/o Rajesh Kumar Gupta, Aged About 69 Years, R/o Anha Gate, Raj Niketan, Pathar Ki Taal Ke Pas, Bharatpur. 36. Alok Kumar Gupta S/o Rajesh Kumar Gupta, Aged About 47 Years, R/o Anha Gate, Raj Niketan, Pathar Ki Taal Ke Pas, Bharatpur. 37. Prahlad Kumar Khandelwal S/o Ramji Lal, Aged About 68 Years, R/o Pm Enterprises, Nayi Mandi, Bharatpur. 38. Shweta Khandelwal W/o Tarun Khandelwal, Aged About 37 Years, R/o C-6/12, Chitrakoot Yojna, Vaishali Nagar, Jaipur. 39. Pushpa Gupta W/o Prahlad Kumar, Aged About 65 Years, R/o New Mandi, Bharatpur. 40. Padam Singh S/o Chote Lal, Aged About 59 Years, R/o Kumher Gate, Pratap Colony, Bharatpur. 41. Ravindra Kumar S/o Mitthu Singh, Aged About 56 Years, R/o C-97, Indra Colony, Indira Nagar, Bharatupr. 42. Madhu Jain W/o Rakesh Kumar Jain, Aged About 58 Years, R/o 402, Lotus Golden Residency, G-5, Near Gyan Vihar University, Akshay Patra, Jagatpura, Jaipur. 43. Chanda Jain D/o Vijay Singh, Aged About 57 Years, R/o Vyasji Ka Chowk, Kot Mohalla, Didwana, Nagaur. 44. Anil Kumar Jain S/o G.c. Jain, Aged About 57 Years, R/o 23, Nirmohi Nagar, Purani Chungi, Ajmer Road, Jaipur. 45. Anuj Jain S/o Anil Kumar Jain, Aged About 33 Years, R/o 23, Nirmohi Nagar, Purani Chungi, Ajmer Road, Jaipur. 46. Rajendra Kumar Jain S/o Jaswant Singh, Aged About 69 Years, R/o 16, Usha Colony, Power House Marg, Bhawani Mandi, Jhalawar. 47. Indu Jain W/o Rajendra Kumar, Aged About 64 Years, R/o (4 of 8) [CW-2200/2022] 16, Usha Colony, Power House Marg, Bhawani Mandi, Jhalawar. 48. Hansraj Jain S/o Jaswant Singh, Aged About 73 Years, R/ o House No.47, Shastri Nagar, Dadabadi, Kota. 49. Mohita Parakh D/o Hansraj Jain, Aged About 40 Years, R/ o House No.47, Shastri Nagar, Dadabadi, Kota. 50. Meetu Parakh D/o Hansraj Jain, Aged About 36 Years, R/o House No.47, Shastri Nagar, Dadabadi, Kota. 51. Avnish Kumar Tiwari S/o Bhanwar Lal Tiwari, Aged About 64 Years, R/o Savitri Sadan, Sindhi Mohalla, Ward No.12, Ketri Bazar, Bhawanimandi, Jhalawar. 52. Nishant Jain S/o Narpat Chand Jain, Aged About 45 Years, R/o B-172, Arpan Meera Path, Opposite Kdm School, Vaishali Nagar, Jaipur. 53. Manorma Jain W/o Rajendra Kumar Jain, Aged About 69 Years, R/o 62, Hari Marg, Lane No.3, Civil Lines, Jaipur. 54. Pradeep Yogi S/o Kailash Chand, Aged About 31 Years, R/ o Bhagwatgarh, Sawai Madhopur. 55. Preetam Tanwar S/o Madan Lal Tanwar, Aged About 52 Years, R/o E-47, Moti Doongari Road, Aanandpuri, Jawahar Nagar, Jaipur. 56. Santosh Sharma W/o Dayashanker Sharma, Aged About 56 Years, R/o M-32, Income Tax Colony, Durgapura, Jaipur. 57. Asha Jain W/o Sunil Kumar Jain, Aged About 53 Years, R/ o 1/3, Jai Jawan Colony, Jln Marg, Jaipur. 58. Ankita Jain D/o Sunil Kumar Jain, Aged About 31 Years, R/o 1/3, Jai Jawan Colony, Jln Marg, Jaipur. 59. Shubham Jain S/o Sunil Kumar Jain, Aged About 30 Years, R/o 1/3, Jai Jawan Colony, Jln Marg, Jaipur. 60. Vimla Jain W/o Nemichand Pahariya, Aged About 66 Years, R/o 175-C, Milap Nagar, Jaipuriya Hospital, Tonk Road, Jaipur. 61. Ketan Benara S/o Mahendra Kumar Benara, Aged About 32 Years, R/o 1110, Maniharo Ka Rasta, Kishanpol Bazar, Jaipur. 62. Alka Benara W/o Mahendra Kumar Benara, Aged About 59 Years, R/o 1110, Maniharo Ka Rasta, Kishanpol Bazar, Jaipur. (5 of 8) [CW-2200/2022] 63. Ravindra Kumar Mehta S/o Shivkaran Mehta, Aged About 65 Years, R/o 134, Jai Jawan Colony-2, Tonk Road, Jaipur. 64. Ravindra Kumar Mehta (Huf), Through Karta Ravindra Kumar Mehta Son Of Shivkaran Mehta, Aged About 65 Years Resident Of 134, Jai Jawan Colony-2, Tonk Road, Jaipur. 65. Saroj Mehta W/o Ravindra Kumar Mehta, Aged About 62 Years, R/o 134, Jai Jawan Colony-2, Tonk Road, Jaipur. 66. Garima Mehta D/o Ravindra Kumar Mehta, Aged About 28 Years, R/o 134, Jai Jawan Colony-2, Tonk Road, Jaipur. 67. Hemant Kumar Sharma S/o Dr. G.d. Sharma, Aged About 67 Years, R/o L-41, Income Tax Colony, Near Bombey Mistan Bhandar, Jaipur. 68. Nagina Devi W/o Hukam Chand Gupta, Aged About 84 Years, R/o L-41, Income Tax Colony, Near Bombey Mistan Bhandar, Jaipur. 69. Kalpana Jain W/o Surendra Kumar Jain, Aged About 58 Years, R/o 273, Shanti Nagar, Durgapura Railway Station Ke Pas, Tonk Road, Jaipur. 70. Achyut Mohan Dhaker S/o Banwari Lal Dhaker, Aged About 50 Years, R/o Village Post Rajpur, Tehsil And District Alwar (Raj.). 71. Suman Dhakad S/o Vijay Singh Dhakad, Aged About 52 Years, R/o M-18, Income Tax Colony, Durgapura, Jaipur. 72. Seema Bagda W/o Arun Bagda, Aged About 54 Years, R/o 136, Jai Jawan Colony-2, Tonk Road, Durgapura, Jaipur. 73. Snehlata Jain W/o Mahendra Kumar Jain, Aged About 49 Years, R/o Ward No.8, Luharo Ka Mohalla, Govind And Sons Bhavan Gate, Chomu, Jaipur. 74. Chandrakala W/o Ajay Singh Jhala, Aged About 50 Years, R/o 13, Printers Nagar, Ram Das Agarwal Ki Kothi, Sitabari, Jaipur. 75. Meenakshi Kanwar W/o Surendra Singh, Aged About 48 Years, R/o Talab Ki Pal, Moti Bagh, Tonk (Raj.). 76. Vijay Laxmi Shekhawat W/o Sanjay Kumar Shekhawat, Aged About 45 Years, R/o A-21, Income Tax Colony, Durgapura, Jaipur. 77. Lalita Parihar W/o Rajendra Singh, Aged About 59 Years, R/o 13/330, Malviya Nagar, Jaipur. (6 of 8) [CW-2200/2022] 78. Mohit Singh S/o Rajendra Singh, Aged About 30 Years, R/ o 13/330, Malviya Nagar, Jaipur. 79. Sunita Goyal W/o Manak Goyal, Aged About 54 Years, R/o D-139, Savitri Path, Bapu Nagar, Jaipur. 80. Sudha Goyal W/o Shyam Goyal, Aged About 63 Years, R/o D-139, Savitri Path, Bapu Nagar, Jaipur. 81. Shalini Arya W/o Ajit Arya, Aged About 68 Years, R/o B- 139, Kirti Nagar, Tonk Road, Behind Shiv Mandir, Durgapura, Jaipur. 82. Chandra Kanta Sharma W/o Hemant Kumar Sharma, Aged About 66 Years, R/o L-41, Income Tax Colony, Near Bombey Mistan Bhandar, Jaipur. 83. Vinod Kashyap S/o Rp Kashyap, Aged About 48 Years, R/o 617-S-2, Alegant Homes, Block-D, Shiv Gyan Enclave, Gotam Marg, Nirman Nagar, Jaipur. 84. Gayatri Kashyap W/o Vinod Kashyap, Aged About 47 Years, R/o F-1/88, Kastuba Nagar, Nirman Nagar, Jaipur. 85. Versha Kashyap D/o Vinod Kashyap, Aged About 26 Years, R/o S-2-617, Aligent Homes, Block-D, Shiv Gyan Enclave, Gotam Marg, Nirman Nagar, Jaipur. 86. Akash Kashyap S/o Vinod Kashyap, Aged About 28 Years, R/o F-/188, Kastuba Apartment, Near Bright Future School, Kastuba Nagar, Jaipur. 87. Shubhi Gupta W/o Rajendra Kumar Gupta, Aged About 61 Years, R/o 78, Shiv Shakti Nagar, Kings Road, Nirman Nagar, Jaipur. 88. Mahesh Goyal S/o Manmohan Lal Goyal, Aged About 50 Years, R/o E-168, Ramesh Marg, C-Scheme, Jaipur. 89. Sarita Goyal W/o Mahesh Goyal, Aged About 45 Years, R/ o E-168, Ramesh Marg, C-Scheme, Jaipur. 90. Vanshika Goyal D/o Mahesh Goyal, Aged About 22 Years, R/o E-168, Ramesh Marg, C-Scheme, Jaipur. 91. Sudhanshu Sharma S/o Shyam Behari Sharma, Aged About 44 Years, R/o 38, Hardev Colony, Tonk Road, Sanganer, Jaipur. 92. Jaya Sharma W/o Sudhanshu Sharma, Aged About 43 Years, R/o 38, Hardev Colony, Sanganer, Jaipur. 93. Rajendra Singh S/o Ramayan Singh, Aged About 53 Years, R/o Plot No.16B, Ganesh Nagar, Gali No.2, (7 of 8) [CW-2200/2022] Harwada Road, Ward No.28, Behind Kumawat School, Sodala, Jaipur. 94. Sita Devi W/o Rajendra Singh, Aged About 46 Years, R/o 16B, Ganesh Nagar, Gali No.2, Harwada Road, Ward No.28, Behind Kumawat School, Sodala, Jaipur. 95. Geeta Panwar W/o Gopal Panwar, Aged About 51 Years, R/o C4/157, Chitrakoot Scheme, Vaishali Nagar, Jaipur ----Petitioners Versus 1. Union Of India, Through Central Registrar Of Co- Operative Societies, Ministry Of Cooperation, Government Of India, Krishi Bhawan, New Delhi. 2. State Of Rajasthan, Through The Secretary, Department Of Co-Operative Societies, Government Of Rajasthan, Jaipur, Rajasthan. 3. The Commissioner, Office Of The Central Registrar Of Co- Operative Societies, Ministry Of Cooperation, Government Of India, Krishi Bhawan, New Delhi. 4. The Registrar, Adarsh Credit Cooperative Society Limited, Central Office, Udaipur, Rajasthan. 5. The Liquidator Of Adarsh Credit Cooperative Society Limited, Through Central Registrar Of Co-Operative Societies, Ministry Of Cooperation, Government Of India, Krishi Bhawan, New Delhi. ----Respondents For Petitioner(s) : Mr. Vikram Singh Bhati For Respondent(s) : Mr. Mukesh Rajpurohit Mr. Mrigraj Singh JUSTICE DINESH MEHTA Order 15/02/2022 1. The limited grievance that the petitioners have raised in this case is that the petitioners had made certain deposits in the respondent- Adarsh Credit Co-operative Society Ltd. under various schemes and heads, however, subsequently the respondent- (8 of 8) [CW-2200/2022] Society has been closed and at the instance of respondent No.1, a Liquidator was also appointed. 2. The counsel for the petitioners submits that while the deposits of other creditors have been released, the deposits made by the petitioners have not been released. The petitioners make a limited prayer that the respondents may be directed to take a decision on the claim application of the petitioners for seeking release of the amount lying deposited with the respondent- Society. 3. Accordingly, the respondents are directed to take a decision on the application filed by the petitioners expeditiously, preferably within a period of ninety days from the date of receipt of copy of this order strictly in accordance with rules and guidelines governing the field. 4. The writ petition accordingly stands disposed of. 5. The stay application also stands disposed of accordingly. (DINESH MEHTA),J 110-pooja/- "