Kamalkumar B. Khetan And ORS v. State Of Maharashtra And ORS

936 WP-8980-2022.doc BDP-SPS-TAC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8980 OF 2022 BHARAT DASHARATH PANDIT Date: 2022.08.01 19:50:37 +0530 Kamalkumar B. Khetan and Ors.

..... Petitioners.

V/s State of Maharashtra and Others ..... Respondents.

Mr. Karl Tamboly a/w Deepak Shukla i/b Vinod Mistry & Co. for the Petitioners.

Mrs. V.S. Nimbalkar, AGP for Respondent Nos. 1 to 3. CORAM: NITIN W. SAMBRE, J.

DATE: JULY 28, 2022 P.C.:- 1] Heard.

2] Since substantial revision against the order dated 9/6/2022 passed by the Deputy Registrar of the Co-operative Societies in exercise of powers under Section 79(A)(3) of the Maharashtra Cooperative Societies Act is pending adjudication and it is informed to me that Society consists of only nine members and it is further informed that provisions under Section 79(A)(3) are directory in nature, as has been spelt out from the judgment of this Court in the matter of K.S.S. Co-op Hsg. Soci. Vs. Div. Jt. Registrar reported in 2018(6) Mh.L.J. 769, it will be in my opinion appropriate to quash and set aside the order impugned dated 23rd June, 2022. 1/2

936 WP-8980-2022.doc 3] As a consequence of above, order dated 9th June, 2022 shall remain stayed till final decision of the Appeal being RA/277/2022. As a sequel of above, consequential action, if any, taken by the Registrar shall also remain stayed.

4] Petition stands allowed in the above terms.

( NITIN W. SAMBRE, J. ) 2/2