Shree Mahalaxmi V.K.S.S.Ltd vs Indira V.K.S.S.Ltd
2017 Latest Caselaw 6539 Bom

                                                                           wp-569,552.03.odt

pmw 
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION
                              WRIT PETITION NO.569 OF 2003


       Shree Mahalaxmi Vividh Karikari Seva Sanstha Ltd.                     ... Petitioner
             Vs.
       Indira Vividh Karikari Seva Sanstha Ltd.                              ... Respondent


                                               WITH
                              WRIT PETITION NO.552 OF 2003



       Shree Mahadeo Vividh Karikari Seva Sanstha Ltd.                       ... Petitioner
             Vs.
       Indira Vividh Karikari Seva Sanstha Ltd. and Ors.                     ... Respondents


       Mr. S.S. Patwardhan for the Petitioner in both Petitions.
       Mr. Amit B. Borkar for the Respondent No.1 in both Petitions.
       Mr. A.I. Patel, Additional Government Pleader for the Respondent Nos.3 
       to 7 in WP/569/2003 and Respondent Nos.2 to 5 in WP/552/2003.


                              CORAM  :   A.S. OKA & 
                                         RIYAZ I. CHAGLA, JJ.

                    DATE    :  24th AUGUST, 2017
                           
       ORAL JUDGMENT : (PER A.S.OKA,J.)

       1              The learned counsel appearing for the Respondent No.1 in 

       both the Petitions, on instructions, states that the said respondent has 

       no objection if the order of the Divisional Joint Registrar Co-operative 

       Societies,   Kolhapur   Division,   Kolhapur   dated   31st  October,   2001   in 

       Appeal   No.6  of   2001   and  Appeal   No.7   of   2001   is   set   aside   and   the 


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                                                                       wp-569,552.03.odt

 orders dated 23rd  March, 2001 passed by the District Deputy Registrar 

 of   Co-operative   Societies,   Kolhapur   are   restored.   We   accept   the   said 

 statement made on instructions. The learned counsel appearing for the 

 first   respondent   states   that   the   Chairperson   of   the   first   respondent 

 Societies in both the Petitions are personally present in the Court, on 

 whose instructions he is making the statements.



 2                 Accordingly,   we   dispose   of   the   Petition   by   passing   the 

 following order :-

                                          ORDER

(i) Judgment and order dated 31st October, 2001 in Appeal

No.6 of 2001 and Appeal No.7 of 2001 passed by the

Divisional Joint Registrar of Co-operative Societies,

Kolhapur Division, Kolhapur is hereby set aside and

Appeal Nos.6 and 7 of 2001 stand dismissed as not

pressed. Consequently, the order dated 31 st December,

2002 passed by the Hon'ble the Chief Minister and

Minister of Department of Co-operation dated 31 st

December, 2002 is set aside;

(ii) Hence, the orders dated 23rd March, 2001 passed by the

District Deputy Registrar of Co-operative Societies,

Kolhapur in favour of the petitioners in these two

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wp-569,552.03.odt

Petitions stand restored;

(iii) Rule is accordingly made absolute on above terms with

no order as to costs.

(RIYAZ I. CHAGLA, J) (A.S. OKA, J)

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