Pervin Jimmy Irani Anr Ors vs The State Of Maharashtra And Anr
2022 Latest Caselaw 10141 Bom

                                                     10-crwp4729-2019.doc


AGK
      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           CRIMINAL APPELLATE JURISDICTION

              WRIT PETITION NO.4729 OF 2019

Pervin Jimmy Irani & Ors.             ...Petitioners
      V/s.
The State of Maharashtra & Anr.       ...Respondents

                          WITH
              WRIT PETITION NO.4736 OF 2019

Khushru Jamshed Subedar               ...Petitioner
     V/s.
The State of Maharashtra & Anr.       ...Respondents



Mr. Santosh G. Pawar with Mr. Farhad Panthaki for the
petitioner in both WPs.
Mr. A. R. Patil, APP for respondent no.1/State.
None for respondent no.2.

                       CORAM: AMIT BORKAR, J.

                       DATE:          OCTOBER 3, 2022

P.C.:

1. Private complaint has been filed by a member of the Cooperative Housing Society registered under the provisions of the Maharashtra Cooperative Societies Act, 1960 on the ground that there is discrepancy between the report submitted by the Government Auditor and Special Auditor. After the introduction of the 97th amendment to the Constitution of India, Section 81 of the Maharashtra Cooperative Societies Act, 1960 had been amended to incorporate a provision of filing of criminal complaint by the

10-crwp4729-2019.doc

Auditor, and in case of his failure, the Registrar is conferred with the power to file a complaint against the delinquent members of the managing committee who are causing loss to the society.

2. Prima facie, it appears that the procedure prescribed under the Act needs to be followed in view of the judgment of the Privy Council in Nazir Ahmad v. King Emperor reported in AIR 1936 P.C. 253 which held that if a statute requires a thing to be done in a particular manner, all other manners of doing thing are prohibited.

3. In that view of the matter, list the matter on 12th October 2022.

4. Learned advocate for the petitioner states that he will serve respondent no.2 who is appearing in person with a notice that an endeavour shall be made to decide the petition finally at the admission stage.

5. Ad-interim relief granted earlier to continue until further orders.

         Digitally
         signed by
         ATUL


                                                                  (AMIT BORKAR, J.)
ATUL     GANESH
GANESH   KULKARNI
KULKARNI Date:
         2022.10.06
         10:36:12
         +0530