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Bombay High CourtWP/12633/2019disposed off

Mr. Jayant D. Sanghavi v. State Of Maharashtra And ORS

2019-12-09Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice Sarang Vijaykumar Kotwal3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12633 OF 2019 Jayant D. Sanghavi .... Petitioner versus State of Maharashtra & Ors.

.... Respondents .......

• Mr.Suryajeet P. Chavan, Advocate for Petitioner. • Mr.S.H. Kankal, AGP for Respondent Nos.1 and 2. • Mr.Siddharth S. i/b. Y. Bhatia, Advocate for Respondent No.3. CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATE : 09th DECEMBER, 2019.

P.C. :

1.

Pursuant to the praecipe filed by the learned Counsel for the Petitioner, the matter is taken on production board. 2.

Heard learned Counsel for the parties.

3.

By this Writ Petition under Article 226 and 227 of Constitution of India, the Petitioner is seeking directions against the Respondent Nos.1 and 2 to take appropriate steps in respect Nesarikar

2 / 3 of order dated 17/10/2018 passed by this Court in Writ Petition (ST) No.27937/18 and decide their application u/s 83 of the Maharashtra Cooperative Societies Act, 1960, as early as possible.

4.

Learned Counsel Mr.Suryajeet P. Chavan for the Petitioner submits that this Court by order dated 17/10/2018 has directed the District Deputy Registrar, Co-operative Societies, Bandra, Mumbai, to start action u/s 83 of the said Act. But the same is pending till today.

5.

Learned Counsel Mr.Siddharth appearing on behalf of Respondent No.3 submitted that they have already filed reply before the Deputy Registrar raising preliminary objection that Petitioner is not a member of their society, therefore the same is not maintainable.

6.

Considering these facts and earlier order dated 17/10/2018 in Writ Petition (ST) No.27937/18, following order is passed;

3 / 3 (a) District Deputy Registrar, Co-operative Societies, Bandra, Mumbai, is directed to complete the enquiry u/s 83 of Maharashtra Cooperative Societies Act, 1960 as early as possible, but in any case on or before 31/03/2020 after hearing both the parties.

(b) All other contentions of both the parties are kept open.

(c) Parties to act on authenticated copy of this order.

(d) Petition stands disposed of accordingly.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.)