Saint Joseph Co-Op. Credit Society Ltd. And ORS v. The Divisional Joint Registrar , Co-Operative Societis, Konkan Bhavan, And ORS

Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5697 OF 2022 Saint Joseph Co-op. Credit Society Ltd.

...Petitioners

& Ors.

Versus

The Divisional Joint Registrar,

...Respondents

Co-operative Societies, Konkan Bhavan, Navi Mumbai & Ors.

BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2022.05.09 16:59:39 +0530 Mr. Shantanu Raktate a/w Mr. Ashish Vernakar & Mr. Pratik Rahade for the Petitioners.

Ms. S.D. Vyas, 'B' Panel Counsel for State-Respondent. CORAM : REVATI MOHITE DERE & MADHAV J. JAMDAR, JJ.

DATED : 6th MAY 2022 P.C. :

1.

Heard learned counsel for the parties.

2.

The only reliefs, pressed for, by the petitioners in this petition, are as under :

"(a) This Hon'ble Court be pleased to direct the Respondent No.5 to decide and pass an appropriate order in the pending 1/3

Appeal filed by the petitioners against the impugned order dated 31.01.2022 as expeditiously as possible within one week. and;

(d) That this Hon'ble Court be pleased to direct the Respondent No. 6 to decide the application / complaints filed by the petitioners before the Respondent No. 6 within a period of two weeks."

3.

Learned counsel for the petitioners submits that the petitioners' appeal filed against the order dated 31st January 2022 passed by the Respondent No.1 - The Divisional Joint Registrar, Co-operative Societies, Konkan Bhavan, Navi Mumbai, under Section 77A (B-1) of the Maharashtra Co-operative Societies Act, 1960, was heard by the Respondent No.5-the Minister of Co-operation and was closed for orders on 23rd March 2022. However, no decision has been communicated by the Respondent no.5, till date, in the said appeal. 4.

Accordingly, we request the Respondent No. 5- Hon'ble Minister of Co-operation, Mantralaya, Mumbai to decide the petitioners' appeal as expeditiously as possible, and in any event, within six weeks from the date of receipt of this order.

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5.

As far as the petitioners' application dated 11th December 2021 and complaint dated 25th February 2022 are concerned, learned counsel for the petitioners further submits that the petitioners have filed the said application/complaint, which is at Exhibit 'J' and Exhibit 'S' respectively, before the Respondent No.6- the Commissioner for Co-operation, Pune, however, the said application/ complaint has not been decided till date. 6.

Without going into the merits of the application/complaint filed by the petitioner, we deem it appropriate to direct the Respondent No. 6- the Commissioner for Co-operation, Pune to decide the said application/ complaint as expeditiously as possible and in any event within eight weeks from the date of receipt of this order.

7.

It is made clear that we have not gone into the merits of the petition. 8.

The petition is disposed of on the aforesaid terms. 9.

All parties to act on authenticated copy of this order. MADHAV J. JAMDAR, J.

REVATI MOHITE DERE, J.

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