Jai Ambe Hatmag Vinkar Sahakari ... vs State Of Maharashtra, Department ...
2017 Latest Caselaw 5720 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          NAGPUR BENCH, NAGPUR


                                  WRIT PETITION NO. 5167 OF 2017


              Jai Ambe Hatmag Vinkar Sahakari Sanstha 
              Maryadit, Registration No.314,
              Having its office at Tandapeth, 
              Juni Basti, Nagpur,
              Through its Authority namely Shri Pandurang
              Anandrao Dhapodkar, President,                   .....PETITIONER

                          ...VERSUS...

        1]  State of Maharashtra,
              Department of Co-operation,
              Through Divisional Joint Registrar,
              Co-operative Societies, Having its
              Office at Near Bhide Girl's High School,
              Behind Hotel Hardeo,
              Sitabuldi, Nagpur - 12.

        2]  Deputy Registrar,
             Co-operative Societies, City-II,
             Having its Office at Shankar Sadan,
             Hindustan Colony, Amravati
             Road, Nagpur.                                      ...... RESPONDENTS
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
        Shri S. K. Tambde, Advocate for the Petitioner.
        Shri N. R. Patil, Advocate for the Respondents.
        =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-


                           CORAM  :   S. C. GUPTE, J.

th DATE : 7 AUGUST, 2017.

ORAL JUDGMENT :

Heard learned counsel for the petitioner and the

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Assistant Government Pleader for the respondent/State.

2] Rule. Taken up for hearing forthwith by consent of

counsel for the parties.

3] The petition challenges a final order of liquidation

passed by the Deputy Registrar of Co-operative Societies, Nagpur

under Section 102 of the Maharashtra Co-operative Societies Act,

1960 ("Act"). The impugned order is passed by the Deputy

Registrar on his own motion purportedly on the ground that the

petitioner society has ceased working and also to comply with the

conditions of registration and as to management provided in the

Act or the rules or bye-laws. One of the grievances of the petitioner

is that the interim order directing the society to be wound up and

calling for explanation, was passed without even a semblance of a

show cause notice or hearing to the petitioner society.

4] Learned counsel for the petitioner relies on the

judgment of a Division Bench of Our High Court in the case of

Chandrapur Zilla Sahakari Krushi and Gramin Bahuudeshiya

Development Bank Ltd. ..vs.. State of Maharashtra and Others,

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reported in 2004(1) Mh. L. J. 232, wherein our High Court has

noted that before passing an interim order under Section 102(1), a

pre-decisional hearing is necessary, since any such interim order

has immediate and grave prejudicial repercussions on the person

concerned and affects vested rights.

05] It is borne out by the record prima facie that there was

no notice issued to the petitioner society before issuing the interim

order under Sub-Section (1) of Section 102. In the premises, the

impugned final order of liquidation passed by the Deputy Registrar

of Co-operative Societies as well as the interim order passed on 31 st

December, 2015 cannot be sustained. In the facts of the case, since

the challenge is to the final order of liquidation, though on the

footing that the interim order which preceded it was itself

improper for the reason discussed above, a proper course would be

to treat the interim order of liquidation dated 31 st October, 2015

merely as a tentative proposal on the part of the respondent-State

for winding up of the petitioner society. Based on such tentative

proposal, a pre-decisional hearing shall be given to the petitioner to

show cause to the proposed interim order of liquidation. Only after

the hearing, the Deputy Registrar of Co-operative Society may pass

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an interim order under Sub-Section (1) of Section 102 after taking

into account the explanation offered by the petitioner society. Only

in the event any such interim order is passed, further proceedings

may follow. It is ordered accordingly.

6] The parties shall remain present before the Deputy

Registrar of Co-operative Societies on 18th August, 2017 at 11.00

a.m. when a schedule of hearings can be fixed by the Deputy

Registrar.

7] Rule is made absolute and the petition is disposed of

accordingly. No order as to costs.

JUDGE PBP