Kaduba Dagduba Gavande v. The Regional Joint Director Sugar Aurangabad And Another

1 wp 9596.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 913 WRIT PETITION NO.9596 OF 2021 KADUBA DAGDUBA GAVANDE

VERSUS

THE REGIONAL JOINT DIRECTOR (SUGAR) AURANGABAD AND ANOTHER ...

Advocate for Petitioner: Mr. Kawale Laxman H. I/c. GP for Respondent No. 1: Mr. D. R. Kale Advocate for Respondent No. 2:

Mr. S. B. Solanke h/f. Mr. Suryawanshi ...

CORAM:S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE: 31st AUGUST, 2021 PER COURT:

1.

Mr. Kawale, learned Advocate for the petitioner submits that notice dated 25.03.2021 issued by respondent no. 2 Karkhana asking the petitioner to deposit Share Capital Amount is illegal. The Karkhana is not functioning. The initial Share Capital Amount was Rs.3,851/-. They could not increase to Rs.10,000/- 2.

The learned In-charge Government Pleader appears for respondent no. 1. Mr. Solanke,

2 wp 9596.2021 learned Advocate holding for Mr. Suryawanshi, learned Advocate appears for respondent no. 2. 3.

It is not disputed that the model by-laws accepted by the Karkhana prescribes Share Capital Amount of Rs.10,000/-. The amendment to the by-laws is not assailed. In absence thereof, the petition cannot be entertained only to the extent of challenge to the notice based on model by-laws. 4.

In view of the above observations, writ petition is disposed of. All contentions of the parties are kept open. The petitioner is at liberty to assail the model by-laws as may be permissible under law. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] marathe