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Bihar Cooperative Societies Rules, 1959 - Cooperative Department ...

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To<br />

1.<br />

2.<br />

3.<br />

FORM No. XII<br />

[Rule 68 (13)]<br />

Form of reference under section 48 of the <strong>Bihar</strong> and Orissa<br />

<strong>Cooperative</strong> <strong>Societies</strong> Act. 1935 (Act VI of 1935).<br />

(For dispute between <strong>Societies</strong> and individual members)<br />

The First party<br />

Vs.<br />

We, the members of ……………………..first party, herby beg to refer for<br />

your decision, a dispute which exists between ……………………………..on the<br />

one side and the side and the above named opposite parties no……………..on the<br />

other side who jointly and severally own to the society the amounts shown in the<br />

attached statement of claim in respect of declaration and loss amounting to<br />

Rs……….due to their willful defaults gross negligence and management.<br />

They should have repaid the amount under claim but they have not done so<br />

lnspite of reperated demands.<br />

We are satisfied that they are in a position to pay and we, therefore, pray for<br />

a decision directing them jointly and severally to pay up the amounts detailed in<br />

the statement of claim.<br />

A copy of the resolution of the Committee authorising the reference under<br />

section 41 of the <strong>Bihar</strong> and Orissa <strong>Cooperative</strong> <strong>Societies</strong> Act, 1935 (Act VI of<br />

1935) is annexed.<br />

Signature –<br />

(1)<br />

(2)<br />

(3)<br />

Date<br />

Form of statement of claim to accompany reference<br />

In the matter of reference under section 48 of the <strong>Bihar</strong> and<br />

Orissa <strong>Cooperative</strong> <strong>Societies</strong> Act, 1935 (Act VI of 1935)<br />

Name of society vs<br />

(1)<br />

(2)<br />

(3)<br />

Members of Ltd.<br />

Details of claim<br />

1. Principal – Rs.<br />

2. Interest due –Rs<br />

3. Rate of interest payment per annum Rs.<br />

4. Date up to which interest due has been calculated.<br />

5. Other dues, if any with description –Rs.<br />

6. Total of items 1,2 and above- Rs<br />

7. Remarks, if any<br />

Audit note and copy of the resolution attached.

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