Writ Petition No.667 of 2004. Case: Sudhir Cooperative Housing Society Ltd Vs State Of Maharashtra & Ors. High Court of Bombay (India)
| Case Number | Writ Petition No.667 of 2004 |
| Counsel | J B Jaiswal, N R Sabu, V G Bhamburkar |
| Judges | A B Chaudhari, J. |
| Issue | Maharashtra Co-operative Societies Act, 1960 - Sections 91, 79 |
| Citation | 2010 (1) AllMR 833, 2010 (1) MahLJ 240, 2010 (4) BomCR 406 |
| Judgement Date | October 12, 2009 |
| Court | High Court of Bombay (India) |
Judgment:
A B Chaudhari, J.
This petition is directed against the original as well as appellate orders made by the Assistant Registrar and the Divisional Joint Registrar in the matter of direction issued purportedly to be under Section 79(1) of the Maharashtra Cooperative Societies Act, directing the petitioner society to transfer a piece of plot admeasuring 1000 sq.ft. to the respondent no.4.
In support of the writ petition Mr. Bhambhurkar, learned counsel for the petitioner argued that Section 79(1) does not enable or clothe the Assistant Registrar with power to issue any such direction and as a matter of fact, that is the job of the court of law, and in this case, a Cooperative Court. According to him thus there is a usurption of jurisdiction by the Assistant Registrar. He then argued that respondent no.4 had already filed a dispute in the Cooperative Court in the same subject matter, but later on withdrew it because of the order passed by the Assistant Registrar.
Mr. Jaiswal, learned AGP for respondent State did not support the order saying that the same is without jurisdiction.
Per contra, Mr. Saboo, learned counsel for Respondent No.4 vehemently argued that the order can otherwise be justified on merits in the light of the facts discussed by the Assistant Registrar in his order since the money was actually paid by Respondent No.4 towards the price of the said piece of plot. Mr. Saboo, learned counsel for respondent no.4 then invited my attention to Para No.7 of the interim order made by this Court on 1st March, 2004, and stated at Bar that the respondent no.4 has filed a dispute pursuant to the liberty granted in para No.7.
I have gone through the impugned orders. I have heard learned counsel for the rival parties for quite some time. Section 79(1) of the Maharashtra Cooperative Societies Act, reads thus:"79. Registrar's power to enforce performance of obligations.
(l)The registrar may direct any society or class of societies, to keep proper books of accounts with respect to all sums of money received and expended by the society, and the matters in respect of which the receipt and expenditure take place all sales and purchases of goods by the society, and the assets and liabilities of the society, and to furnish such statements and returns and to produce such records as he may require from time to time, and the officer or officers of the society shall be bound to comply with his order within the period specified therein."
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