Mr. Ashok Kanu Borade v. Mr. Suresh Bhimrao Bamne And ORS

BDP-SPS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by Bharat D.

Pandit Date:

2019.06.26 11:58:48 +0530 CIVIL APPELLATE JURISDICTION Bharat D.

Pandit WRIT PETITION NO. 6829 OF 2019 Mr. Ashok Kanu Borade ....Petitioner.

V/s Mr. Suresh Bhimrao Bamne and Ors.

..... Respondents.

---- Mr. Tushar Khairnar for the Petitioner.

Mr. P.P. Pujari, AGP for Respondent Nos. 7 and 8/State. ---- CORAM: NITIN W. SAMBRE, J.

DATE: 24th June, 2019 P.C.:- 1] Heard learned Counsel for the Petitioner at length. 2] Respondent Nos. 1 to 3 suffered an order of disqualification in exercise of powers under Section 77A of the Maharashtra Co1/3

operative Societies Act, 1960. Feeling aggrieved, they preferred a Revision under Section 154 before the Divisional Joint Registrar. During pendency of the Revision, Divisional Joint Registrar, by impugned order dated 15/04/2019, granted stay to the order passed under Section 77A. As such, this Petition.

3] The submission is that the order of disqualification speaks of serious defaults committed by Respondent Nos. 1 to 3. The learned Counsel for the Petitioner then would urge that by recording incorrect reasons and not granting opportunity of hearing to the Petitioner before the Registrar, the order impugned came to be passed. 4] Having considered the controversy raised and as the present order which is passed by this Court is innocuous, service of notice to Respondent Nos. 1 to 3 is dispensed with. Learned AGP appears for Respondent Nos. 7 and 8.

5] This Petition, in my opinion, can be disposed of without causing any interference in the order impugned which stayed the order of disqualification passed under Section 77A and 75(5) of the Act, by 2/3

directing the Divisional Joint Registrar before this Court to decide the Revision of the Respondent Nos. 1 to 3 expeditiously and, in any case, before 31st October, 2019.

6] With the above direction, Petition stands disposed of. (NITIN W. SAMBRE, J.) 3/3