CO-OPERATIVE APPEAL AGAINST REGISTRAR ORDER
BEFORE THE HON達LE SECRETARY (CO-OPERATION) TO THE GOVT OF TN AT COIMBATORE
Appeal No. : ______ of 2008
Appellant
Versus
Respondents
Appeal under Section 93 of the Tamil Nadu Co-operative Societies Act, 1968
against the order passed by the Ld. Registrar of Societies in case No. _______ dated _______, whereby he has _______
Coimbatore Appellant
______ Through, Advocate
Respectfully Sheweth:
1. That briefly stated the facts of the case are that ________
GROUNDS
2. That the appellant is invoking the jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst others, each one of which is without prejudice to and independent of others :-
BEFORE THE HON達LE SECRETARY (CO-OPERATION) TO THE GOVT OF TN AT COIMBATORE
Appeal No. : ______ of 2008
Appellant
Versus
Respondents
Appeal under Section 93 of the Tamil Nadu Co-operative Societies Act, 1968
against the order passed by the Ld. Registrar of Societies in case No. _______ dated _______, whereby he has _______
Coimbatore Appellant
______ Through, Advocate
Respectfully Sheweth:
1. That briefly stated the facts of the case are that ________
GROUNDS
2. That the appellant is invoking the jurisdiction of this Hon'ble court and seeking indulgence on the following grounds amongst others, each one of which is without prejudice to and independent of others :-
(a) That the Ld. Registrar has mis-appreciated the evidence on record and mis-applied the provisions of law.
(b) That _____
(c) That a breach of the rules of natural justice has occurred in connection with the making of the decision by the Ld. Registrar below.
(d) That procedure that was required to be observed in connection with the making of the decision was not observed.
(e) __ That the Ld. Registrar did not have jurisdiction to make the decision.
(f) __ That the decision was not authorized by the enactment in pursuance of which it was purported to be made.
(g) __ That the making of decision was on improper exercise of the powers conferred by the enactment in pursuance of which it was purported to be made.
(h) __ That decision incurred an error of law whether or not the error appears on the record of decision.
(i) __ That the decision was induced or affected by fraud;
(j) __ That there was no evidence or other material to justify the making of the decision.
(k) __ That the decision was otherwise contrary to law.
(l) That the decision was made by taking an irrelevant consideration into account in the exercise of power.
(m) That the Ld. Registrar below has failed to take relevant consideration into account in the exercise of a power.
(n) That __ an exercise of powers for a purpose other than a purpose for which the powers is conferred.
(o) __ That the impugned decision is made in exercise of discretionary powers in bad faith.
(p) __ That the impugned decision is a result of an exercise of a personal discretionary powers at the discretion or behest of another person.
(q) __ That the impugned decision is a result of an exercise of a discretionary powers not in accordance with a rule or policy and without regard to the merits of the present case.
(r) __ That the impugned decision has been rendered by an exercise of powers which is unreasonable that no reasonable person could have so exercised the powers.
(s) __ That the impugned decision has been made in an exercise of a power in such a way that the result of the exercise of the powers is uncertain.
(t) __ any other exercise of a power in a way that __ abuse of powers.
(u) __ the person who made the decision was required by law to reach that decision only if a particular matter was established and there was no evidence or other material [including facts of which he was entitled to take notice] from which he could reasonably be satisfied that the matter was established or
(v) __ the person who made the decision based on the existence of particular fact and that fact did not exist.
(w) That the order of the Hon'ble Ld. Registrar below is against the well-settled principles of law laid down by the Hon'ble Apex court and this Hon'ble Court in catena of cases.
3. That the appeal has been filed within the period of limitation after deducting the time taken for issuance of copy of the impugned order.
4. That the appellant, therefore, prays that an appropriate writ, order or directions be issued for the following reliefs :-
(a) Quash the impugned order __ ;
(b) Direct the respondents __ ;
(c) Call for the record from the Hon'ble Ld. Registrar below for perusal by this Hon'ble court and setting aside the impugned order of the Hon'ble Ld. Registrar below __;
(d) Direct the respondents to produce all the relevant records along with reply for perusal by this Hon'ble court;
(e) Allow the cost of this writ petition to the appellant, and;
(f) Allow such other relief or pass such other orders as deemed fit and proper in the facts and circumstances of the case in favour of the appellant and justice be done.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPELLANT AS IN DUTY BOUND, SHALL EVER PRAY
Coimbatore Applicant
______ Through, Advocate
BEFORE THE HON達LE SECRETARY (CO-OPERATION) TO THE GOVT OF TN AT COIMBATORE
Application No.: ______ of 2008 in Appeal No. ______ of 2008
Appellant/Applicant
Versus
Respondents/Non-applicant
Application under Section 95 of the Tamil Nadu Co-operative Societies Act, 1968
praying for the interim directions ________
Coimbatore Applicant
______ Through, Advocate
Respectfully Sheweth:
1. That the appellant/applicant has filed the above mentioned appeal in this Hon'ble court hearing whereof will take some time.
2. That it is amply evident from the grounds of appeal and the documents attached therewith that the appellant/applicant has got a prima facie very good case in his favour and the appeal is likely to succeed in all eventuality. The grounds of appeal may kindly be read as part of this application to avoid repetition. The balance of convenience is also in favour of the appellant/applicant in passing the interim order.
3. That the interest of justice demands that the interim order to the effect that ______ are passed in favour of the applicant/appellant. No harm or prejudice will be cause to the respondents. On the contrary, if the interim orders as prayed for are not passed in favour of the appellant/applicant, the appellant/applicant will suffer irreparable loss and injury which cannot be compensated in terms of money.
4. It is therefore, most respectfully prayed that this application may kindly be allowed and the interim order to the effect that ______ may kindly be passed in the interest of justice. Such other orders as deemed fit and proper in the facts and circumstances of the case may also kindly be passed in favour of the appellant/applicant.
Coimbatore Applicant
______ Through, Advocate
BEFORE THE HON達LE SECRETARY (CO-OPERATION) TO THE GOVT OF TN AT COIMBATORE
Application No.:______ of 2008 in Appeal No.:______ of 2008
Appellant/Applicant
Versus
Respondents/Non-applicant
Affidavit in support of application
I,______, do hereby solemnly affirm and declare as under:-
1. That the accompanying application has been prepared under my instructions.
2. That the contents of paras 1 to 4 of the accompanying application are correct and true to the best of my knowledge and belief.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.
Affirmed here at Coimbatore this the ______
Deponent
BEFORE THE HON達LE SECRETARY (CO-OPERATION) TO THE GOVT OF TN AT COIMBATORE
Appeal No. : ______ of 2008
Appellant/Applicant
Versus
Respondents/Non-applicant
INDEX
S. No. Annx Particular Page Nos.
(1) Appeal
1-__
(2) A-1 __ __
(3) A-2 __ __
(4) A-3 __ __
(5) Application for stay __
(6) Affidavit __
(7) Power of Attorney __
Coimbatore Applicant
______ Through, Advocate
3. That the appeal has been filed within the period of limitation after deducting the time taken for issuance of copy of the impugned order.
4. That the appellant, therefore, prays that an appropriate writ, order or directions be issued for the following reliefs :-
(a) Quash the impugned order __ ;
(b) Direct the respondents __ ;
(c) Call for the record from the Hon'ble Ld. Registrar below for perusal by this Hon'ble court and setting aside the impugned order of the Hon'ble Ld. Registrar below __;
(d) Direct the respondents to produce all the relevant records along with reply for perusal by this Hon'ble court;
(e) Allow the cost of this writ petition to the appellant, and;
(f) Allow such other relief or pass such other orders as deemed fit and proper in the facts and circumstances of the case in favour of the appellant and justice be done.
AND FOR THIS ACT OF KINDNESS, THE HUMBLE APPELLANT AS IN DUTY BOUND, SHALL EVER PRAY
Coimbatore Applicant
______ Through, Advocate
BEFORE THE HON達LE SECRETARY (CO-OPERATION) TO THE GOVT OF TN AT COIMBATORE
Application No.: ______ of 2008 in Appeal No. ______ of 2008
Appellant/Applicant
Versus
Respondents/Non-applicant
Application under Section 95 of the Tamil Nadu Co-operative Societies Act, 1968
praying for the interim directions ________
Coimbatore Applicant
______ Through, Advocate
Respectfully Sheweth:
1. That the appellant/applicant has filed the above mentioned appeal in this Hon'ble court hearing whereof will take some time.
2. That it is amply evident from the grounds of appeal and the documents attached therewith that the appellant/applicant has got a prima facie very good case in his favour and the appeal is likely to succeed in all eventuality. The grounds of appeal may kindly be read as part of this application to avoid repetition. The balance of convenience is also in favour of the appellant/applicant in passing the interim order.
3. That the interest of justice demands that the interim order to the effect that ______ are passed in favour of the applicant/appellant. No harm or prejudice will be cause to the respondents. On the contrary, if the interim orders as prayed for are not passed in favour of the appellant/applicant, the appellant/applicant will suffer irreparable loss and injury which cannot be compensated in terms of money.
4. It is therefore, most respectfully prayed that this application may kindly be allowed and the interim order to the effect that ______ may kindly be passed in the interest of justice. Such other orders as deemed fit and proper in the facts and circumstances of the case may also kindly be passed in favour of the appellant/applicant.
Coimbatore Applicant
______ Through, Advocate
BEFORE THE HON達LE SECRETARY (CO-OPERATION) TO THE GOVT OF TN AT COIMBATORE
Application No.:______ of 2008 in Appeal No.:______ of 2008
Appellant/Applicant
Versus
Respondents/Non-applicant
Affidavit in support of application
I,______, do hereby solemnly affirm and declare as under:-
1. That the accompanying application has been prepared under my instructions.
2. That the contents of paras 1 to 4 of the accompanying application are correct and true to the best of my knowledge and belief.
3. That I further solemnly affirm and declare that this affidavit of mine is correct and true, no part of it is false and nothing material has been concealed therein.
Affirmed here at Coimbatore this the ______
Deponent
BEFORE THE HON達LE SECRETARY (CO-OPERATION) TO THE GOVT OF TN AT COIMBATORE
Appeal No. : ______ of 2008
Appellant/Applicant
Versus
Respondents/Non-applicant
INDEX
S. No. Annx Particular Page Nos.
(1) Appeal
1-__
(2) A-1 __ __
(3) A-2 __ __
(4) A-3 __ __
(5) Application for stay __
(6) Affidavit __
(7) Power of Attorney __
Coimbatore Applicant
______ Through, Advocate
