Painganga Sutgirni Maryadit ... vs Additional Registrar, Co-Op. ...
2016 Latest Caselaw 3531 Bom

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                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY, 




                                                                                                      
                                     NAGPUR BENCH, NAGPUR

                                                WRIT PETITION No.2811 OF 2015




                                                                                                     
    Painganga Sutgirni Maryadit Sakarkheda, 
    Registration no. BULD/PRG/DH-2
    Through its Director, 
    Tah. Sindkhedraj, Dist.Buldana,   ...                                                                           ...                   Petitioner.




                                                                               
                                                 ..versus..  
                                                 
    1. Additional Registrar, Co-operative Societies, 
       Nagpur Cum-Director  of Handloom,
       Commissioner Office Campus Building, 
                                                
       Civil Lines, Nagpur.

    2. Assistant Registrar, Co-operative Societies,
       Sindkhedraja, Dist. Buldana and Liquidator.                                                                  ...       Respondents.
    .......................................................................................................................................................

Mr. P.B.Patil with Mr. A.S. Agrawal, advocate for petitioner. Ms. T. Khan, Assistant Govt. Pleader for respondents. .......................................................................................................................................................

                                                            CORAM                  :  A.S. CHANDURKAR, 
                                                                                                             J.
                                                            DATED                  :  01 st  
                                                                                               JULY,  2016.





    ORAL JUDGMENT

Rule. Rule made returnable forthwith. Heard finally with

consent of the learned counsel for the parties.

2. The order dated 6th of April, 2015 passed by the respondent

no.1 under the provisions of 102(1)(c)(i)of the Maharashtra Co-operative

Societies Act, 1960 thereby appointing the liquidator as an interim measure

is under challenge.

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3. Shri A.S. Agarwal, the learned counsel for the petitioner,

submitted that the impugned order has been passed without granting any

opportunity of hearing to the petitioner society. He submitted that the legal

position in this regard is settled in view of the judgment of the Division

Bench in Chadrapur Zilla Sahakari Krushi and Gramin Bahuudeshiya

Development Bank Ltd. Vs. State of Maharashtra and others reported in

2004(1) Mh.L.J. 232 and grant of hearing even before passing an interim

order is necessary. He submitted that a ground in this regard has been

specifically raised in para 3 of the writ petition. He, therefore, submitted that

the impugned order passed by the respondent no. 1 is liable to be set aside.

4. Ms. T. Khan, the learned Assistant Government Pleader for the

respondents, relied upon the affidavit-in-reply and has submitted that the

society in question had ceased to work and the interim order of appointing a

Liquidator came to be issued. It has been further stated that if any action

plan for reviving the society is submitted, a decision thereon would be taken

by the Competent Authority.

5. Under the provisions of Section 102(1)(c) of the said Act an

order of winding up can be passed in case any society in question has ceased

to work. The Division Bench in Chandrapur Zilla Sahakari Krushi and

Gramin Bahuudeshiya Development Bank Ltd. (supra) has held that even

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before passing any interim order, the society in question is required to be

heard. It has been further observed that passing of such interim order

without hearing the society in question amounts to breach of principles of

natural justice.

6. In the reply filed on behalf of the respondents, the averments

made in para 3 of the writ petition are not disputed. In view of this position,

it is clear that the impugned order is liable to be set aside on the ground that

the society was not heard before passing the impugned order.

7. In view of aforesaid, the order dated 6.4.2015 passed by the

respondent no.1 is set aside. It is, however, clarified that in case any

contingency arises, it would be open for the Authority to take appropriate

action in accordance with law.

JUDGE Hirekhan

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