Gaurang Ramesh Sanghavi And ORS. v. Dy. / Assistant Registrar Of Co-Operative Soc., Wadgoan And ORS.

(7)WP-34492-18.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.34492 OF 2018 Gaurang Ramesh Sanghavi & Ors.

] ..Petitioners v.

Deputy/Assistant Registrar of CO-operative ] Societies at Wadgaon Maval, ] Taluka - Haveli, Dist. Pune & Ors.

] ..Respondents Mr.Anwar Sahikh, for the Petitioners.

Mr.A.P.Vanarase, AGP for the State.

Mr.Sachin Hande, for respondent No.2.

--------------- CORAM : INDRAJIT MAHANTY & A.M. BADAR, JJ.

DATE :

11th MARCH, 2019.

P.C.

1] On 11th February, 2018 this Court has passed the order, which reads as under :

" Learned AGP on instructions of the Registrar that inquiry is still in progress and the Petitioners are at liberty to provide all such documents in evidence before the Registrar for consideration. Pendency of this petition will not come in the way of the Registrar to take decision in order to enable the Society once again to be reconstituted and functional at the earliest."

2] Today, an affidavit in reply has been filed by the Deputy Registrar, Co-operative Societies, Wadgaon-Maval, stating therein that he 1/2

(7)WP-34492-18.doc heard learned counsel for respective parties in the said matter and passed the judgment on 7th March, 2019. Copy of the said judgment is appended as Exhibit 1 to the affidavit. By virtue of Exhibit 1, the complaint lodged by Respondent No.2-Sangita Ganpat Bhanusghare came to be rejected. 3] Learned counsel for the Petitioner contends that though the complaint lodged by respondent No.2-Sangita Ganpat Bhanusghare came to be rejected, there are certain findings given by the concerned Authority which may have adverse impact on the interest of the Petitioner.

However, prayer clause (b) made in the petition reads thus : "The order of Deputy Registrar considering the aspect of report of the liquidator on audit report, is essential to enable the society to run day to day affairs of the society, to take elections, to apponitment of chairman and other officers and to operate bank accounts society and other procedures legally." 4] We find that, in view of the dismissal of the complaint filed by respondent No.2 by order dated 7th March, 2019, nothing remains for consideration in the present Writ Petition. Accordingly, Writ Petition (Stamp) No.34492 of 2018 stands disposed off. 5] However, we grant liberty to the Petitioner, if aggrieved in any manner by the said order, to seek such legal remedy as may be available in law.

We also make clear that respondent is also at liberty to seek such legal remedy that may be available in law.

(A.M. BADAR, J) (INDRAJIT MAHANTY, J) 2/2