Bombay High Court
Captain Prakash Satyendra ... vs The Joint Registrar Of Co-Op. Soc. Cidco ... on 6 May, 2021
Author: V.G. Bisht
Bench: R.D. Dhanuka, V.G. Bisht
14-wpst8360-21.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (STAMP) NO.8360 OF 2021
Captain Prakash S. Chandavarkar ...Petitioner
V/s.
The Joint Registrar of Co-operative
Societies (CIDCO) & Ors. ...Respondents
Mr.Vishal Kanade with Mr.Aman Saraf and Mr.M.A.Ratna for the
Petitioner.
Mrs.Ashwini A.Purav, AGP for the State - Respondent No.1.
Mr.Yogendra P. Singh for the Respondent Nos.2 to 4.
Mr.Ramesh Tripathi i/b Ramesh Tripathi & Associates for the
Respondent No.5.
CORAM : R.D. DHANUKA &
V.G. BISHT, JJ.
DATE : 6TH MAY, 2021. (THROUGH VIDEO CONFERENCE) P.C. :-
1. Rule. Learned AGP for the respondent no.1, Mr.Singh, learned counsel for the respondent nos.2 to 4 and Mr.Tripathi, learned counsel for the respondent no.5 waive service. Short question that arises for consideration of this Court is whether under section 78-A of the Maharashtra Co-operative Societies Act, 1960, the Registrar has power to supersede the committee and appoint a committee consisting of three or more members of the society otherwise than the members of the committee so superseded, in its 1/2 ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 12:12:35 ::: 14-wpst8360-21.doc place, or appoint an administrator or committee of administrators, even if there is no Government shareholding or loan or financial assistance in terms of any cash or any guarantee by the Government in the respondent no.6 society or not.
2. We have heard the parties at length. Perusal of the record indicates that none of the parties have produced any documents before the Authority, who has passed the impugned order on 15 th March, 2021 stating that any concession was alleged to have been granted to the petitioner society while allotting the plot to the petitioner. The matter requires consideration.
3. The impugned order is stayed which is even otherwise valid for a period of three months from the date of issuance of the said order i.e. 15th March, 2021. Learned Administrator shall hand over the management of the the petitioner society to the erstwhile Managing Committee of the petitioner society from whom management was taken over within 48 hours from the date of communication of this order by the petitioner's advocate.
4. Hearing is expedited.
5. The parties to act on the authenticated copy of this order authenticated by the Sheristedar of this Court.
(V.G. BISHT, J.) (R.D. DHANUKA, J.) 2/2 ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 12:12:35 :::