Shri. Sahebrao Eknath Salunke And ANR v. Divisional Joint Registrar, Co-Op. Soc. Pune And ORS

WP10598_19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10598 OF 2019 Sahebrao Eknath Salunke and another ...

Petitioners Vs.

Divisional Joint Registrar and others ...

Respondents Mr. Vishal Kanade i/b. Parinam Law Associates for Petitioners. Mr. C. D. Mali, AGP for Respondents-State.

CORAM : UJJAL BHUYAN, J.

DATE :

OCTOBER 03, 2019 P.C. :

Heard Mr. Kanade, learned counsel for the petitioners and Mr.Mali, learned Assistant Government Pleader for the respondentsState. 2.

Leave to amend so as to add Hon'ble Minister for Co-operation, Maharashtra State as party respondent is granted. Amendment shall be carried out forthwith.

3.

Issue involved is on a very short compass, and therefore, can be decided at this stage itself without issuing any formal notice. 4.

Petitioners are shareholder members of Yerawada Gadi Vadar Cooperative Housing Society Limited (for short Co-operative Society), a co-operative society registered under the provisions of Maharashtra Cooperative Societies Act, 1960. Matter relates to appointment of Administrators under Section 77-A of the aforesaid Act to manage the affairs of the Co-operative Society. Against such decision, an appeal was preferred by the petitioners which was, however, dismissed vide order dated 24.07.2019.

5.

As is provided under the law, petitioners preferred a revision 1/2

WP10598_19.doc application, registered as Revision Application No.505 of 2019, which is stated to be pending before the Hon'ble Minister of Co-operation, Government of Maharashtra.

6.

Grievance expressed by the petitioners is that while the revision application has not been disposed of as yet, the Administrators have taken steps to take over functioning of the Co-operative Society. Learned Counsel for the petitioners submits that in view of the pending Assembly Elections, it may not be possible for hearing of the revision application within a short period.

6.

With the above grievance, present writ petition has been filed. 7.

On due consideration, Court is of the view that it would meet the ends of justice, if a time limit is fixed for decision on the revision application, and till such time, to restrain the Administrators from acting adverse to the interest of the petitioners.

8.

Accordingly, and in the light of the above, Hon'ble Minister of Co-operation, Government of Maharashtra may decide the Revision Application No.505 of 2019 within a period of 6 weeks from today, and during this period, status-quo as on today shall be maintained. 9.

Writ petition is disposed of.

(UJJAL BHUYAN, J.) Minal Parab 2/2