Prabhakar Sadashiv Sabale And ORS v. Mohite And Associates And ORS

911. WP 13564.23.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13564 OF 2023 Prabhakar Sadashiv Sabale and Ors.

... Petitioners V/s.

Mohite & Associates and Ors.

... Respondents Mr. Ajit J. Kenjale with Sai Rajendra Kadam with Prachi Deokar for the Petitioners Mr. B.V. Samant, Addl. G.P. for the Respondent - State CORAM : NITIN JAMDAR & MANJUSHA DESHPANDE, JJ.

DATE : 01 NOVEMBER 2023 P.C. :- Heard the learned Counsel for the parties.

2.

The Petitioners are the Directors of Respondent No.2 - Co-operative Credit Society. They have challenged the report submitted by the Auditor appointed by the Respondent No.3 - District Deputy Registrar to the State Government. 3.

The learned Addl. Govt. Pleader rightly points out that the Petitioners have moved the Petition at a premature stage are only

911. WP 13564.23.doc to stall the proceedings as may be undertaken by the Maharashtra Co-operative Societies, Act, 1960. We agree with the submissions. 4.

The report submitted by the Auditor is yet to be acted upon. It only seeks certain permissions. The contentions of the Petitioners that before granting this permission, the Respondents will have to follow the procedure laid down as per law, does not require to be stated. We find no reason why it would be done as done in every other cases. After the report is so submitted, which is the subject matter of challenge, further steps be taken by the Respondents as per law and if the law contemplates an opportunity of hearing, the same would be given to the Petitioners as per law. 5.

Keeping contentions of the Petitioners to be agitated at appropriate stage, we dispose of the Petition. MANJUSHA DESHPANDE, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2023.11.04 18:04:18 +0530 JYOTI PRAKASH PAWAR