Bansidhar Nagri Sahakari Pat Sanstha Ltd Through Its President Jairam Siddeshwar Kanchalwar v. The State Of Maharashtra And Others

1 WP-4355.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4355 OF 2016 Bansidhar Nagri Sahkari Pat Sanstha Ltd.

Nanded through its President ...PETITIONER versus The State of Maharashtra and others ...RESPONDENTS .....

Mr. A.A. Mukhedkar, Advocate for petitioner Mr. S.S. Dande, AGP for respondents No.1 to 3 .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 15th APRIL, 2016.

Order :-

1. Learned counsel for the petitioner - Patsanstha submits that order was passed under section 13 of the Maharashtra Co-operative Societies Act, 1960 (for short "MCS Act") by the District Deputy Registrar, however, when order was passed, liquidator was already appointed. Subsequently, under orders of this Court, order of appointment of liquidator is set aside. The petitioner has filed representation for reconsideration of proposal submitted by it for amendment in the bye-laws including change in the name of society, however, no orders are being passed on the same. 2.

Issue notice to respondents. Learned Assistant Government Pleader waives service for respondents.

2 WP-4355.16 3.

Application filed by the petitioner- Patsanstha under section 13 of the MCS Act is already rejected by the authority. When application was rejected by the authority, liquidator was already appointed. Even the order of appointment of liquidator is set aside under orders of this Court. No provision is pointed out for review. 4.

Considering the above, request of the petitioner made here cannot be considered. However, if there are change in the circumstances the petitioner may file fresh application. In case, such application is filed, the concerned authority shall consider the same on its own merits and in accordance with law.

5.

In view of the above, writ petition stands disposed of. No cost. [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK