Writ Petition No. 1179 of 2011. Case: Shri Jagdish Gajdhar Khetan and Ors. Vs The Divisional Joint Registrar, The Assistant Registrar, Cooperative Societies, Chandralok Gruha Nirman Sahakari Sanstha Ltd. and Narayanrao S/o Mukundrao Deshmukh. High Court of Bombay (India)
| Case Number | Writ Petition No. 1179 of 2011 |
| Counsel | For Appellant: R.M. Pande, Adv. And For Respondents: A.S. Mardikar, Adv. |
| Judges | R.M. Savant, J. |
| Issue | Maharashtra Co-operative Societies' Act, 1960 - Section 78; Constitution of India - Articles 226 and 227 |
| Judgement Date | August 02, 2011 |
| Court | High Court of Bombay (India) |
Judgment:
R.M. Savant, J., (Nagpur Bench)
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Rule, with the consent of the parties, made returnable forthwith and heard.
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The above petition under Articles 226 and 227 of the Constitution of India has been filed challenging the order dated 16/11/2010 passed by the Divisional Joint Registrar, Cooperative Societies, Amravati, by which order the Appeal filed by the Petitioner against the order passed by the Assistant Registrar dated 13/8/2010 superseding the Society by having recourse to Section 78 of the Maharashtra Cooperative Societies' Act, 1960 came to be dismissed.
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The proceedings under Section 78 of the said Act were commenced on the complaint of the Respondent No. 4 i.e. Narayan Mukundrao Deshmukh, who is the heir of the original member of the Society i.e. Smt. Vastalabai Deshmukh that in spite of direction being issued by the Registrar from time to time the Respondent No. 4 has not been made a member of the Society as being the heir of the said original member i.e. Smt. Vastalabai Deshmukh. The authorities below, in view of the noncompliance of the direction issued by the Registrar from time to time, which included the Divisional Joint Registrar, thought it fit to exercise the powers under Section 78 of the said Act and to supersede the Managing Committee of the said Society.
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The above petition has been heard from time to time.
On the last occasion, when the petition had appeared for admission, the learned Counsel for the Petitioner had sought time to take instructions as what was remained to be complied by the Respondent No. 4 as regards the grant of membership to him.Today, when the matter is called out, the learned Counsel Shri Ravi Pande appearing for the Petitioners, states that in respect of the plot in question, which was allotted to original member Smt. Vastalabai Deshmukh an amount of Rs. 4,00,000/is due on account of the loan that was taken by the Society from the wp1179.11.odt 4 Maharashtra State Housing Finance Cooperative Ltd. for development of the plots in question which included the plot allotted to Smt. Vastalabai Deshmukh.
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Upon this, the learned Counsel Shri Anil Mardikar appearing for the Respondent No. 4, drew my attention to the averements made in the...
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