← Library
Bombay High CourtWP/2443/2015disposed offdismissed for default

Chorachiwadi Vividh Karyakari Sewa Sahakari Society Limited, Ahmednagar v. Sahakarmaharshir Shivajirao Narayanrao Nagawade Sahakari Sakhar Karkhana Ltd, Ahmednagar And Anothe

2015-03-03Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora2 pages

{1} wp 2443.15.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2443 OF 2015 Chorachiwadi Vividh Karyakari Sewa Sahakari Society Limited Petitioner

Versus

Sahakarmaharshi Shivajirao Narayanrao Nagawade Sahakari Sakhar karkhana Ltd and another Respondents Mr.P.N. Khedkar advocate for the petitioner Mr. S.S.Tope, GP for Respondent No.2.

CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 3rd March, 2015.

PER COURT :- The petitioner claims that the original society Viz. Hanuman Chorachiwadi Vividh Sewa Sahakari Society was a member of respondent No.1 specified society. On reconstitution of Hanuman Chorachiwadi Vividh Sewa Sahakari Society, it is agreed that the petitioner society shall be allotted shares of respondent No.1 society and as such the petitioner is claiming its entitlement to the membership of respondent No.1. Respondent No.1, however, has denied the membership to the petitioner society and communication in that regard has been issued on 24.2.2015.

{2} wp 2443.15.odt In the facts and circumstances of the case, we deem it proper to relegate the petitioner society to the District Deputy Registrar - Cooperative Societies for redressal of its' grievances. It would be open for the petitioner to tender an application/appeal within contemplation of Maharashtra Cooperative Societies Act to the District Deputy Registrar, Cooperative Societies. If the petitioner tenders appeal/application to the District Deputy Registrar within a period of four weeks from today, the respondent - District Deputy Registrar shall deal with the appeal/application tendered by the petitioner, by extending opportunity of hearing to all the parties concerned and shall take appropriate decision in accordance with the provisions of law, as expeditiously as possible and preferably within a period of 8 weeks from the date of receipt of the application With the directions as above, writ petition stands disposed of.

(P.R. BORA, J) (R.M.BORDE, J) vbd