Deepak S. Padave And ORS. v. State Of Maharashtra And ORS.

ssm 1 39-wp8865.03.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8865 OF 2003 WITH CIVIL APPLICATION NO. 76 OF 2004 IN WRIT PETITION NO. 8865 OF 2003 Deepak S. Padave & Ors.

....Petitioners/ Applicants.

Vs.

State of Maharashtra & Ors.

....Respondents.

None for the Petitioners/Applicants.

Ms. Gauri Rao, AGP for Respondent Nos. 1 and 2. CORAM:- ANOOP V. MOHTA, J.

DATE :- 13 FEBRUARY 2015.

P.C:- Called out from final hearing Board.

The Petitioners have challenged the order of appointment of Administrator under Section 77 A-B of the Maharashtra Cooperative Societies Act, 1960 (for short, "the MCS Act") and further prayed to direct the Administrator to hold election of Managing Committee and also prayed for restrainment order against the other 1/2

ssm 2 39-wp8865.03.sxw concerned Respondents.

This Court, after hearing both the parties on 22 December 2003, while admitting the matter not granted interim reliefs. Therefore, in view of above, by this time, the proceedings must have been proceeded further in all respect, so also the election of the Society. After 12 years, no relief as prayed for can be granted in such matters. Therefore, by keeping all points open, the present Writ Petition is disposed of as infructuous.

Rule is discharged accordingly. No costs.

In view of disposal of the Writ Petition itself, and for the reasons noted above, Civil Application No.76 of 2004 is also disposed of, with no order as to costs.

(ANOOP V. MOHTA, J.) 2/2