Shri. Prashant Prabhakar Muley And ANR v. Shri. Anand Bansilal Pandit And ORS.

17-wp10144-14.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10144 OF 2014 Prashant P. Mule & Ors.

...Petitioners

V/s.

Anand B. Pandit & Ors.

...Respondents

Mr.Vilas Tapkir for the Petitioners.

Mr.Ajit Karwande for the Respondent Nos.1 and 3. Ms.Kavita N. Solunke, A.G.P. for the State - Respondent Nos.13 to 16.

Mr.Jaysingh Bangar for the Respondent No.5.

CORAM : R.D. DHANUKA, J.

DATE : 16TH JULY, 2018.

P.C. :- 1.

By consent of the petitioners and the respondent no.5, the petitioners and the respondent no.5 agreed for bifurcation of the society in question by the Deputy Registrar under section 17 of the Maharashtra Co-operative Societies Act, 1960. In view of this agreement arrived at between the parties, this Court is not required to go into the validity of the order passed by the learned Minister, Cooperation, State of Maharashtra in the Revision Application No.253 of 2013.

2.

Learned Deputy Registrar is accordingly directed to 1/2

17-wp10144-14.doc bifurcate the society under the provisions of section 17 of the Maharashtra Co-operative Societies Act, 1960 after giving the opportunities to both the societies within four months from the date of the first hearing. Both the societies are directed to appear before the respondent no.8 i.e. Deputy Registrar on 31st July, 2018 at 11:00 a.m. without fail. The parties shall not ask for any unnecessary adjournment before the respondent no.8.

3.

Learned Deputy Registrar shall pass an order of bifurcation without being influenced by the observations made by the learned Minister in the impugned order considering the fact that both the parties have agreed for bifurcation of the society. 4.

The writ petition is disposed of in aforesaid terms. There shall be no order as to costs.

5.

All the parties as well as the Authorities to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2