Mrs. Arundhati M. Kori And Mrs. S.M. Jogelar And ANR v. State Of Maharashtra (Co-Op. Dept.) And ANR

wpst-20973-15-(915)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION St.NO.20973 OF 2015 Arundhati Kori & Anr.

..Petitioners Vs.

State of Maharashtra & Ors.

..Respondents Mr. Vikram Chavan a/w Ms Sheetal Thakur for the Petitioners Mr. S. D. Rayrikar AGP for the Respondents CORAM :

R. M. SAVANT, J.

DATE :

13th AUGUST, 2015 P.C.

The above Petition takes exception to the interim order dated 179-2012 confirmed by the order dated 5-3-2013, the order dated 5-3-2013 attaching the accounts of the Petitioners as confirmed by the order dated 21-82013 and lastly the order dated 12-11-2014 attaching further accounts of the Petitioners is confirmed by the order dated 19-12-2014. The said orders have been passed by the Inquiry Officer appointed by the State Government under Section 88 of the Maharashtra Co-operative Societies Act (for short the said Act).

It is the case of the Petitioner that they have nothing to do with the orders passed under Section 88 of the said Act and that their properties and accounts are wrongly attached. The Petitioners have raised an objection to the said attachment vide their application dated 10-12-2012. However, the said mmj

wpst-20973-15-(915) application has not been dealt with and the final orders of attachment has been passed.

The Learned AGP Mr. Rayrikar on instructions states that the said application dated 10-12-2012 would be dealt with by the authorised Inquiry Officer appointed under Section 88 of the said Act within 8 weeks of 19-82015. In view of the said statement of the Learned AGP, it is now not necessary to keep the above Petition pending. Hence by accepting the said statement, the above Petition is disposed of. Needless to state that the authorised Inquiry Officer would give proper opportunity to the parties and then decide the said application. The parties to appear before the authorised Inquiry Officer on 19-8-2015 on which day some other matter involving the same issue and the same bank is to come up before the authorised Inquiry Officer. Hence 8 weeks stipulated by this Court would start to run from then. The Petitioners would also be at liberty to file additional documents and submissions.

[R.M.SAVANT, J] mmj