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Jalka Jagtap Seva Sahakari Society ... vs Assistant Registrar, Co-Operative ... on 27 April, 2023
cites
Section 102 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
The Maharashtra Co-Operative Societies Act, 1960
Section 84 in The Maharashtra Co-Operative Societies Act, 1960 [Entire Act]
Gadchiroli Zilla Sahakari Krushi And ... vs State Of Maharashtra And Ors. on 16 January, 2003
28. Though reliance has been placed by learned AGP on
Chandrakant Jagannath Ghodke (supra) and on Gadchiroli Zilla
Sahakari Krushi and Gramin Bahu-Udeshiya Development Bank Ltd.
(supra) both of which hold that the provisions of Section 102(1) of
the MCS Act, do not contemplate any pre-decisional hearing before
the passing of an order for appointment of an interim liquidator, it is
however necessary to note that even in these decisions, it has not
been held that the principles of natural justice are not applicable.
Manoharji Dongre Dudha Uttpadak ... vs The District Co Op Election Officer The ... on 21 January, 2022
24. A similar position fell for consideration in Dughganga
Sahakari Dudh Utpadak Sangh Maryadit (supra) wherein the learned
Division bench of this Court, considering the plea that there was no
pre-decisional hearing provided for in Section 102(1) of the MCS Act,
National Insurance Co. Ltd vs Pranay Sethi on 31 October, 2017
The reliance, therefore, by the learned Assistant
Government Pleader on Pranay Sethi (supra) would not be justified
in view of the change in the scenario, on account of the subsequent
circulars and specifically the one dated 23/09/2013.
Article 300A in Constitution of India [Constitution]
Chandrapur Zilla Sahakari Krushi And ... vs State Of Maharashtra And Ors., Etc. on 1 August, 2003
01. WP 1978 of 2023.odt
44
financial inputs. This stand changes the contextual background in
which Section 102(1) of the MCS Act, has to be viewed and applied,
for when the State itself intends the survival of the societies, the
subsequent judgments in Chandrapur Zilla Sahakari Krushi and
Gramin Bahuudeshiya Development Bank Ltd. and Dughganga
Sahakari Dudh Utpadak Sangh Maryadit (supra) merely recognise
this by holding that the principles of natural justice are available to
the Societies even at the stage of Section 102(1) of the MCS Act
before the order of appointment of interim liquidator is made.