Varsu, Dattatraya, Kalyan S/O ... vs The State Of Maharashtra, The ...
2002 Latest Caselaw 49 Bom

JUDGMENT

A.P. Deshpande, J.

1. Application for intervention filed by advocate Shri A.H.Joshi is allowed. On the request of learned Counsel for the petitioners, respondent no.3 is allowed to be deleted.

2. Heard Shri A.Y.Pandule, learned Counsel for the petitioners, Shri E.P.Sawant, learned Government Pleader for Respondents No.1, 2 & 4 and Shri A.H.Joshi, learned Counsel for intervenors. Rule. Rule made returnable forthwith and heard finally by consent of the parties. Learned Counsel for respective respondents waive service of rule.

3. The petitioners claim to be the members of the managing committee of a Society, term of which is to expire in 2002-2003. The Respondent No.2 passed an order under Section 78 of the Maharashtra Cooperative Societies Act, 1960 against the petitioners. Being aggrieved thereby, an appeal has been preferred before the Respondent No.4 and the same is pending.

4. The learned Government Pleader informs at the Bar that hearing in the appeal has been completed and the matter is now posted for orders. In this view of the matter, a limited prayer that the petitioners are making is, that if an adverse order is passed by the Respondent No.4, then the same should not be given effect to for a period of fifteen days from the date on which the said order is communicated to the petitioners.

5. Having regard to the totality of the facts and circumstances of the case, we see no reason to grant this relief.

6. Hence the following order.

(i) If any adverse order is passed by the Respondent No.4 in the appeal No.1 of 2002, the same shall not be given effect to, for a period of fifteen days from the date of service of the said order on the petitioners.

(iii) Rule is made absolute in above terms with no order as to costs.