Citation : 2010 Latest Caselaw 1 Bom
Judgement Date : 11 October, 2010
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO. 8201 OF 2010
1. Shivprasad s/o. Dagadulalji Sodani,
Age 47 yrs., Occu. Business & Social
Work, R/o. Main Road, Ambad,
Tq. Ambad, Dist. Jalna.
2. Shivaji s/o. Bhishanlalji Kamad,
Age 50 yrs., Occu. Business & Social
Work, R/o. Naya Bazar, Jalna,
Tq. & Dist. Jalna.
3. Shyamsundar s/o. Madanlalji Agrawal,
Age 51 yrs., Occu. Business & Social
Work, R/o. Ramkrishna Shola Chowk,
Jalna, Tq. & Dist. Jalna.
4. Omprakash s/o. Ramkishanji Dayama,
Age 52 yrs., Occu. Business & Social
Work, R/o. Rajendra Prasad Road,
Jalna, Tq. & Dist. Jalna. ....Petitioners.
Versus
1. The State of Maharashtra,
Through its Secretary,
Cooperation and Textile Department,
Mantralaya, Mumbai - 32.
2. The Divisional Joint Registrar,
(Cooperative Societies) Adalat Road,
Aurangabad, Tq. & Dist. Aurangabad.
3. The District Deputy Registrar,
(Cooperative Societies),
Collector Building, Jalna,
Tq. & Dist. Jalna.
4. The Jalna People's Co-operative Bank Ltd.,
Jalna, having its Head Officer at
Kavi Ramkrishna Shola Chowk,
Sadar Bazar, Jalna
Through its General Manager. ....Respondents.
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Mr. B.S. Shinde h/f. Mr. V.P. Golewar, Advocate for petitioners.
Mr. S.K. Tambe, AGP for respondent Nos. 1 to 3.
Mr. Anand Chavan, Advocate for respondent No. 4.
CORAM : B.R. GAVAI AND
A.A.SAYED, JJ.
DATED : 11th October, 2010.
ORAL JUDGMENT : [ PER B. R. GAVAI, J.]
1. Rule. Rule made returnable forthwith. Heard by consent.
2. Shri. S.K. Tambe, learned A.G.P. appears for respondent Nos. 1 to 3
and Shri. Chavan appears for respondent No. 4.
3. Since the petitioners have challenged the show cause notice
issued under section 78 (1) of the Maharashtra Co-operative Societies
Act, 1960, the petitioners do not press the petition in so far as the
challenge to the said notice is concerned and restrict the present
petition only for a protection, to the effect that, if any adverse order is
passed against the petitioners, it shall not operate for some time from
the date of the order.
4. The petition is, therefore, disposed of with a direction that in the
event, an order is passed which is adverse to the interest of petitioners,
respondents shall not take action against the petitioners for a period of
three weeks from the date of such order.
5. Rule is made absolute in the aforesaid terms.
[ A. A. SAYED ] [ B. R. GAVAI ]
Judge Judge
ssc/wp8201.10
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