Mahar Court Co Op Housing Society Ltd. v. Bajrang Jadhav The Deputy Registrar Co Op Soc. And ORS

9-wp4273-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4273 OF 2024 Mehar Court Coop. Housing Soc. Ltd.

... Petitioner V/s.

Bajrang Jadhav, Deputy Registrar, Coop. Societies & Ors.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2024.04.02 15:48:44 +0530 ATUL GANESH KULKARNI Mr. Bhavin Gada with Ms. Shruti Desai i/by Ms. Shruti Desai for the petitioner.

Mr. Shrivallabh S. Panchpor for respondent No.2. Mr. Milind S. Prabhune for respondent No.3.

Mrs. M.S. Srivastava, AGP for respondent No.5/State. CORAM :AMIT BORKAR, J.

DATED :APRIL 2, 2024 P.C.:

1.

The impugned order rejects application for interim relief in an appeal challenging order passed by the Registrar under Section 77A of the Maharashtra Cooperative Societies Act, 1960. 2.

The only ground for appointment of Administrator is invalidity of resolution appointing two persons as co-opted members. Considering the reasons assigned for appointment of Administrator, in my opinion, the Appellate Authority ought to have granted stay to the order of appointment of Administrator.

9-wp4273-2024.doc 3.

Hence, during pendency of Appeal, the order of appointment of Administrator shall not be implemented.

4.

The Appellate Authority shall decide petitioners' appeal on its own merits within eight weeks from the date of appearance of the parties.

5.

The parties shall appear before the Appellate Authority on 8 April 2024.

6.

The writ petition stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)