Shree Kala Hanuman Urban Co Operative Credit Society Ltd, Jalgaon v. The State Of Maharashtra And Others
{1} 6 sr. no..odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 1977 OF 2015 WITH CA/8935/2015 IN WP/1977/2015 SHREE KALA HANUMAN URBAN CO OPERATIVE CREDIT SOCIETY LTD, JALGAON
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioner : Mr. Ajay G. Talhar. AGP for Respondents : Mrs. S. S. Raut.
CORAM : S.V. GANGAPURWALA & A.M. BADAR, JJ.
DATE : 13TH JANUARY, 2016.
PER COURT:
1] Mr Talhar, Advocate submits that the petitioner would not press prayer clause (D) of the present petition at present. As far as prayer clause (C) is concerned, affidavit in reply is filed by the Assistant Registrar. Relevant part of the said affidavit in reply reads as under :- "10.
It is submitted that, there were many attempts made at the hands of officer of this deponent for getting the record from the petitioner society. The meetings were tried to be coordinated on 26.6.2014, 24.7.2014, 24.8.2014 and 4.9.2014 but the Chairman remained absent. It is submitted that, since 2006, no regular audit was conducted of the society and hence, in this situation and in the absence of the documents, it is very difficult for the office of this deponent to conduct the inquiry and issue the certificate. However, it is submitted that, if the required documents are submitted, then within two months from the date of submission of the documents, suitable decision will be taken. 11.
It is humbly submitted that, the post of Assistant Registrar,
{2} 6 sr. no..odt Bhusawal was earlier occupied by two officers and both the officers were suspended and I have taken the charge recently on 5.10.2015. Hence there was some delay in filling of Registrar, Muktainagar and this being the additional charge, it will require some time to complete the proceeding.
12.
Hence, for the reason mentioned in the above paras, suitable directions be given to the Chairman/petitioner to cooperate with the authorities to submit the necessary record and to remain present in the proceeding. This deponent is ready to complete the proceeding within the period of two months after receiving the record."
2] The petitioner has filed rejoinder refuting the allegations that the petitioner is not cooperating in the said proceeding. Be that as it may, the affidavit is filed by the Assistant Registrar stating that he is ready to complete the proceedings within two months after receiving the record. 3] The petitioner may take such steps with the Department, for getting record and with regard to audit, as the supervision of the society is within the domain of the Registrar, Cooperative Societies. Writ petition is disposed of. No costs. Civil application, if any, also stands disposed of. [A.M. BADAR] [S.V. GANGAPURWALA] JUDGE JUDGE grt/-