Bombay High Court
Dream Magas Wargiya Audyogik ... vs State Of Maharashtra, Thr. ... on 9 February, 2021
Bench: V.M. Deshpande
1 WP5179.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
WRIT PETITION NO. 5179 OF 2017
PETITIONER : Dream Magas Wargiya Audyogik Sahakari
Sanstha Maryadit, Sindurwafa, Tah. Sakoli,
District Bhandara,
through its President / Secretary.
VERSUS
RESPONDENTS : 1] State of Maharashtra,
through its Divisonal Joint Registrar,
Cooperative Societies, Nagpur Division,
Having its office behind Hotel Hardeo,
Near Bhide Girls High School,
Sitabuldi, Nagpur - 12.
2] Assistant Registrar,
Cooperative Societies,
Gajapure Bhawan, Panchasheel Ward,
Sakoli, Taluka Sakoli, Dist. Bhandara.
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Mr. S. K. Tambde, Advocate for the petitioner.
Mr. K. L. Dharmadhikari, A. G. P. for respondent nos.1 and 2.
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CORAM : V. M. DESHPANDE, J.
DATE : FEBRUARY 09, 2021
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of the learned counsel for the parties.
2 WP5179.17.odt
2. By this writ petition, the petitioner is challenging the
order dated 02.12.2015 passed by the respondent no.1 - Divisional
Joint Registrar, Cooperative Societies, Nagpur Division, Nagpur in
Appeal No. 29 of 2015 and the final order of liquidation dated
16.11.2013 passed by the respondent no.2 - Assistant Registrar,
Cooperative Societies, Sakoli, Dist. Bhandara.
3. According to Mr. S.K. Tambde, learned counsel for the
petitioner, prior to passing of final order dated 16.11.2013, the
respondent no.2 had passed interim order of appointment of
Liquidator on 17.10.2013, however, the said was not communicated
to the petitioner-Society as envisaged under Rule 87 of the
Maharashtra Cooperative Societies Rules, 1961. He submitted that
the said point was specifically agitated before the respondent no.1,
however the said aspect was not properly considered by the
respondent no.1. Therefore, his submission is that the matter needs
to be remanded to respondent no.1 for filing of the submissions.
4. Though, it is stated in the reply filed on behalf of
respondent nos.1 and 2 that the notice as well as interim order was
communicated to the petitioner, the learned Assistant Government
Pleader could not point out that the said was in consonance with
3 WP5179.17.odt
Rule 87 of the Rules of 1961.
5. This Court while issuing notice in the matter on
19.09.2017, has stayed the order dated 17.10.2013 and as per the
learned counsel for the petitioner, the Liquidator has not taken the
charge. Even the said fact is reflected in the reply filed by the
respondents in paragraph 7.
6. In that view of the matter, I pass the following order :
ORDER
1. The Writ Petition is partly allowed.
2. The order passed by respondent no.1 dated 02.12.2015
in Appeal No. 29 of 2015 is hereby quashed and set
aside.
3. Appeal No. 29/2015 is remanded back to the file of
respondent no.1 - Divisional Joint Registrar,
Cooperative Societies, Nagpur Division, Nagpur, who
shall decide the appeal afresh in accordance with law by
giving an opportunity of hearing to the petitioner.
4. The petitioner is directed to appear before the
respondent no.1 - Divl. Joint Registrar, Cooperative
Societies, Nagpur Division, Nagpur on 2nd March, 2021.
4 WP5179.17.odt
5. Needless to mention, the interim protection granted in
favour of the petitioner on 19.9.2017 shall remain in
operation till fresh decision by the respondent no.1 in
the matter.
6. Respondent no.1 shall decide Appeal No. 29 of 2015
within a period of one and half months from 2nd March,
2021.
7. With this the writ petition is partly allowed and
disposed of. Rule accordingly. No order as to costs.
V. M. Deshpande, J.
Diwale
Digitally
signed by
Parag Parag Diwale
Date:
Diwale 2021.02.10
13:07:37
+0530
