Shantaram Gopal Talekar And ORS. v. The State Of Maharashtra, Through The Govt. Pleader And ORS.

531 wp8440-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8440 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Sagar Talekar for the Petitioner Mr.S.B.Kalel, A.G.P. for the respondent no.1 Mr.Dadabhau S. Wagchaure, present in court Ms.Yaswant Khatu i/b Mr.Yadunath Choudhari for the respondent no.3 CORAM : K. K. TATED, J.

DATE : JULY 26, 2017 P.C.:

Not on board. At the request of Advocate for the petitioner, matter is taken on board for urgent orders.

Heard the learned counsel for the parties.

By this Petition under Article 226 and 227 of Constitution of India, the petitioner challenges the order dated 10.7.2017 passed by respondent no.3 under section 78(1) of the Maharashtra Cooperative Societies Act, 1960 appointing Mr.Dadabhau S. Wagchaure as Administrator and Certified Accountant to look after day to day business of the Society and hold election within six Mohite 1/2

531 wp8440-17 months.

The learned Counsel for the Petitioner submits that he received instruction to withdraw the present Writ Petition with liberty to file appropriate proceeding according to law. He submits that he requires two weeks time to file the proceeding as per the said Act. He submits that for two weeks Mr.Dadabhau S. Wagchaure, Certified Accountant who is present in court may be instructed not to take any policy decision of the Society. Same is accepted. Hence, following order is passed:

a) Writ Petition stands disposed of as withdrawn with liberty to file appropriate proceeding according to the Maharashtra Cooperative Societies Act, 1960. b) Mr.Dadabhau S. Wagchaure, Certified Accountant who is present in court is directed not to take any major policy decision of the Society for two weeks.

(K.K.TATED, J.) Mohite 2/2