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Bombay High CourtWP/10257/2018disposed off

Ashok Bagarka And ORS v. The State Of Maharashtra Through Dept. Of Co-Operation And ORS

2018-11-29Hon'Ble Shri Justice Rajesh G. Ketkar2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10257 OF 2018 [Ashok Bagarka & Ors. V State of Maharashtra] Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Ms. Manjiri S. Parasnis, Advocate for Petitioners. Mr. C.D. Mali, AGP for Respondents No.1 to 3. Mr. S.D. Mulye, Advocate for Respondent No.6. Mr. V.M. Joshi, Advocate for Respondent No.7. CORAM : R. G. KETKAR, J.

DATE : 29/11/2018 P.C.:

1.

Not on board. At the request of Ms. Parasnis taken up in the production board.

2.

Heard Ms. Manjiri S. Parasnis, learned Counsel for the petitioners, Mr. C.D. Mali, learned A.G.P. for respondents No.1 to 3-State, Mr.S.D. Mulye, learned Counsel for respondent No.6 and Mr.V.M. Joshi, learned Counsel for respondent No.7.

3.

Ms. Parasnis states that aggrieved by the order dated 29.6.2018 passed under Section 77A read with 73(I)

(2) of the Maharashtra Co-operative Societies Act, 1960 (for short, 'Act') superseding the Managing Committee and appointing the Authorized Officer, is challenged by filing appeal before the Divisional Joint Registrar, Cooperative Societies, Mumbai. 4.

Mr. Mali states that Mr. S.M. Karale, Co-operative Officer, Grade-2 is present in the Court today. Upon taking instructions from him, he states that the appeal is

2/2 502.wp.10257-18.doc fixed before the Divisional Joint Registrar, Co-operative Societies, Mumbai on 22.1.2019. Ms. Parasnis submits that by order dated 23.10.2018, though appeal was admitted, stay application was rejected.

5.

In view thereof, the Petition can conveniently be disposed of by directing the Divisional Joint Registrar to hear and decide the appeal on 22.1.2019. All parties shall extend full cooperation for disposal of the appeal. The Divisional Joint Registrar, Co-operative Societies shall not adjourn the hearing and hear and dispose of the appeal on that date. Till disposal of the appeal and for a further period of two weeks therefrom the order dated 16.7.2018 directing both the parties to maintain status quo shall remain in force. The petitioners shall not take any policy decision till disposal of the appeal. Subject to this, Petition is disposed of. Order accordingly.

(R. G. KETKAR, J.) Deshmane(PS)