Atul Dnyaneshwar Kharade v. Adarsh Nagari Sahakari And ORS.

(902) WP 1564-19 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1564 OF 2019 Atul Dnyaneshwar Kharade .. Petitioner Vs.

Adarsh Nagari Sahakari Patsanstha Ltd. & Ors. .. Respondents Mr. Vivek V. Salunke for the Petitioner.

Mr. Shrivallabh Panchpar a/w Mr. Abhineet N. Pange I/b SNP Legal for Respondent No.1.

Ms. P. J. Gavhane, AGP for Respondent No.4.

CORAM : V. L. ACHLIYA, J.

DATE : 7 th MARCH, 2019.

P. C. :

By consent of learned Counsel for the Petitioner & learned Counsel for Respondent No.1, following order is passed:

ORDER

(i) Impugned order dated 10.03.2015 passed by Respondent No.4 is set aside.

(ii) Parties are directed to appear before Respondent No.4 on 25.03.2019 and produce copy of this order.

(iii) The Petitioner will be at liberty to tender written statement and the documents, if any, on appearance before Respondent No.4 on 25.03.2019.

(iv) On appearance of parties on 25.03.2019, Respondent No.4 shall fix the date for hearing of the application filed under Section 1/2

(902) WP 1564-19 101 of the Maharashtra Co-operative Societies Act and on the date fixed after hearing all concerned, decide the application afresh on its own merits without influenced by earlier orders passed in the matter.

(v) Needless to observe that Respondent No.4 shall not pass orders in stereotype manners.

(vi) The Petitioner shall co-operate Respondent No.4 in expeditious disposal of proceeding.

(vii) Respondent No.4 is directed to decide the application within eight weeks from 25.03.2019.

(viii) The Petition is disposed of in above terms.

[V. L. ACHLIYA, J.] 2/2