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Bombay High CourtCAW/197/2020disposed off

Vitthal Laxman Hande And ANR. v. Shri. Mahalaxmi Nagari Sahakari Patsanstha Ltd. Through Its Chairman Shri. Hanuman M. Hande

2023-11-29Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2023.12.02 11:09:04 +0530 Trupti 1 41-wp-7098-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7098 OF 2019 Shri. Mahalakshmi Nagari Sahakari Patsanstha Ltd.

...

Petitioner versus The State of Maharashtra and Others ...

Respondents WITH CIVIL APPLICATION NO. 197 OF 2020 IN WRIT PETITION NO. 7098 OF 2019 Vitthal Laxman Hande and Another ...

Applicants

IN THE MATTER BETWEEN

Shri. Mahalakshmi Nagari Sahakari Patsanstha Ltd.

...

Petitioner versus The State of Maharashtra and Others ...

Respondents .......

None for the Petitioner.

Ms.R.A.Salunkhe, AGP for Respondent Nos. 1 to 4-State. Mr.Dilip Bodake for the Applicants in Civil Application No. 197 of 2020.

.......

CORAM : NITIN JAMDAR & MANJUSHA DESHPANDE, JJ.

DATE : 29 NOVEMBER 2023 P.C.:

None appears for the Petitioner. The Petitioner has challenged the notice issued by Respondent No.4- Additional Special Auditor

Trupti 2 41-wp-7098-2019.doc Class- II, Co-operative Societies dated 18 February 2019. Notice called upon the Petitioner to explain the shortfalls and irregularities sought to be pointed out in the context of the audit report. 2.

The Petitioner was called upon to submit its reply failing which the Auditor will proceed further. The petition was filed on 7 June 2019. There is no ad-interim order operating in this petition. Show cause notice must have been taken forward. Even otherwise, the Petitioner has approached this Court at the stage of show cause of notice. The Petitioner could reply to the same and contest if any adverse order is passed.

3.

In light thereof, no purpose would be served by keeping the petition pending. The writ petition is accordingly disposed of. 4.

All contentions of the Petitioner and the Intervenor are kept open.

5.

In view of disposal of the writ petition, nothing survives in the civil application and the same is accordingly disposed of. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)