Shree Mahalaxmi V.K.S.S.Ltd. v. Indira V.K.S.S.Ltd.

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.569 OF 2003 Shree Mahalaxmi Vividh Karikari Seva Sanstha Ltd. ... Petitioner Vs.

Indira Vividh Karikari Seva Sanstha Ltd.

... Respondent WITH WRIT PETITION NO.552 OF 2003 Shree Mahadeo Vividh Karikari Seva Sanstha Ltd. ... Petitioner Vs.

Indira Vividh Karikari Seva Sanstha Ltd. and Ors. ... Respondents Mr. S.S. Patwardhan for the Petitioner in both Petitions. Mr. Amit B. Borkar for the Respondent No.1 in both Petitions. Mr. A.I. Patel, Additional Government Pleader for the Respondent Nos.3 to 7 in WP/569/2003 and Respondent Nos.2 to 5 in WP/552/2003. CORAM : A.S. OKA & RIYAZ I. CHAGLA, JJ.

DATE :

24th AUGUST, 2017 ORAL JUDGMENT : (PER A.S.OKA,J.) The learned counsel appearing for the Respondent No.1 in both the Petitions, on instructions, states that the said respondent has no objection if the order of the Divisional Joint Registrar Co-operative Societies, Kolhapur Division, Kolhapur dated 31st October, 2001 in Appeal No.6 of 2001 and Appeal No.7 of 2001 is set aside and the

orders dated 23rd March, 2001 passed by the District Deputy Registrar of Co-operative Societies, Kolhapur are restored. We accept the said statement made on instructions. The learned counsel appearing for the first respondent states that the Chairperson of the first respondent Societies in both the Petitions are personally present in the Court, on whose instructions he is making the statements. Accordingly, we dispose of the Petition by passing the following order :-

ORDER

(i) Judgment and order dated 31st October, 2001 in Appeal No.6 of 2001 and Appeal No.7 of 2001 passed by the Divisional Joint Registrar of Co-operative Societies, Kolhapur Division, Kolhapur is hereby set aside and Appeal Nos.6 and 7 of 2001 stand dismissed as not pressed. Consequently, the order dated 31st December, 2002 passed by the Hon'ble the Chief Minister and Minister of Department of Co-operation dated 31st December, 2002 is set aside;

(ii) Hence, the orders dated 23rd March, 2001 passed by the District Deputy Registrar of Co-operative Societies, Kolhapur in favour of the petitioners in these two

Petitions stand restored;

(iii) Rule is accordingly made absolute on above terms with no order as to costs.

(RIYAZ I. CHAGLA, J) (A.S. OKA, J)