Pralhad Dattatrya Manusmare vs The State Of Maharashtra & Others
2017 Latest Caselaw 2501 Bom

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      IN  THE HIGH COURT OF JUDICATURE AT BOMBAY

                               BENCH AT AURANGABAD


                      WRIT PETITION NO.3959 OF 1999


 Pralhad s/o Dattatraya Manusmare,
 Age-55 years, Occu:Business (Photography),
 R/o-M.I.D.C. Road, Latur,
 Tq. & Dist-Latur.
                                 ...PETITIONER
                      
        VERSUS             

 1) The State of Maharashtra,
    Through Joint Registrar,
    Co-operative Societies,
    Division, Aurangabad,

 2) The Assistant Registrar,
    Co-operative Societies,
    Latur,

 3) The Peoples Co-operative Bank Ltd.,
    Latur, Chandranagar, Latur, 
    Through it's Special
    Recovery Officer.
    
                                 ...RESPONDENTS


                      ...
    None present for Petitioner.
    Mr.D.R. Kale, A.G.P. for Respondent Nos.1 & 2. 
                      ...




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               CORAM:   S.S. SHINDE, J.

DATE : 11TH MAY 2017

ORAL JUDGMENT :

1. It appears that this matter was filed

through Advocate G.N. Patil. However, Advocate

G.N. Patil has withdrawn his appearance on 27 th

July, 2015, and to that effect order is passed by

the Registrar(Judicial) on 27th July, 2015.

Thereafter the Petitioner has not made any

arrangement either to appear in person or to

engage any Advocate. To that effect there is

endorsement on 10th December, 2015, in the order-

sheet.

2. Learned A.G.P. appearing for the State

submits that during the pendency of this Petition

there was no stay. He invites my attention to the

order passed by the Divisional Joint Registrar,

Co-operative Societies, Aurangabad and submits

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that by the said order the recovery certificate

issued under Section 101 of the Co-operative

Societies Act by Respondent No.2 against the

Petitioner was cancelled, and the order of

Respondent No.2 - Assistant Registrar, Co-

operative Societies, Latur was set aside and

matter was remitted back to Respondent No.2 for

fresh hearing/ adjudication. The said order was

passed by the Divisional Joint Registrar,

Co-operative Societies, Aurangabad on 31st

December, 1993.

3. In that view of the matter, since there

was no stay, by any stretch of imagination it

cannot be expected that the proceedings which were

remitted back for fresh adjudication are yet

pending. In that view of the matter and for the

reason that the view taken by the Divisional Joint

Registrar, Co-operative Societies, Aurangabad

appears to be reasonable, it is not necessary to

keep this Writ Petition pending any further.

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4. Hence the Writ Petition stands disposed

of. Rule stands discharged.

[S.S. SHINDE, J.] asb/MAY17