M/S. Planet Industrial Premises Co-Operative Society Ltd. v. The Deputy Registrar Of Co-Operative Soceities And 3 ORS.

Chittewan 1/2 37.WP 1825-09.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1825 of 2009 Plannet Industrial Premises Co-operative Society Ltd.

...

Petitioner

Versus

The Deputy Registrar of Co-operative Societies And Others ...

Respondents .....

Mr. P.C. Kansara for the Petitioner.

Mr. Pankaj Jain I/b P.D. Jain & Co. for Respondent Nos.3 And 4. Mr. M.A. Sayyed, AGP for the State.

....

CORAM : S.C.GUPTE, J.

DATE : 9 MARCH 2018 P.C. :

.

After the matter is heard at some length, learned Counsel for the parties agreed that the petition may be disposed of in terms of the following order.

It is ordered accordingly as follows :- (i) The impugned orders of the Divisional Joint Registrar, Cooperative Socities, Mumbai Division and Deputy Registrar of Co-operative Societies, K/E Ward, are set aside; (ii) The matter is remanded to the Deputy Registrar of Cooperative Societies, K/E Ward for a fresh consideration in

Chittewan 2/2 37.WP 1825-09.doc accordance with law. It is made clear that all rights and contentions of the parties on merits are kept open; (iii) Respondent Nos.3 and 4 will be at liberty to file pleadings and produce such other and further documents as they may be advised. The Petitioner society is also at liberty to file pleadings and produce such other and further documents in response or otherwise, as they may be advised; (iv) Both parties shall appear before the Deputy Registrar of Cooperative Societies, K/E Ward on 26 March 2018 at 11.00 a.m., when schedule of hearings can be fixed; (v) The Deputy Registrar of Co-operative Societies, K/E Ward shall dispose of the membership application as expeditiously as possible.

The Writ Petition is disposed of.

(S.C. GUPTE, J.)