Bombay High CourtWP/14629/2019disposed offdismissed for default

Patni Farms And Agri Tourism Through Its Partners And Others v. Divisional Joint Registrar Co Operative Societies Aurangabad And Others

2019-12-04Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

*1* 906a908wp14615a14629o19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 WRIT PETITION NO.14615 OF 2019 IPD INSTITUTE OF PERSONALITY DEVELOPMENT THROUGH PROPRIETOR AND OTHERS

VERSUS

DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES AURANGABAD AND OTHERS ...

WITH 908 WRIT PETITION NO.14629 OF 2019 PATNI FARMS AND AGRI TOURISM THROUGH ITS PARTNERS AND OTHERS

VERSUS

DIVISIONAL JOINT REGISTRAR CO OPERATIVE SOCIETIES AURANGABAD AND OTHERS ...

Advocate for the Petitioners : Shri Bhandari Anand P. and Shri Patodi Rajat V.

AGP for Respondents 1 and 2 : Shri S.R.Yadav and Shri S.W.Munde Advocate for Respondent 3 : Shri Nitin R. Bhavar ...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 04th December, 2019 Per Court:

In both these matters, the grievance is as regards the upset price. Admittedly, the upset price was settled by following the due procedure, on 22.02.2019. It is undisputed that upset price is sustained only for a period of six months and it loses its efficacy after six months in

*2* 906a908wp14615a14629o19 view of Rule 107(11)(d-1)(vi)(f) and third proviso thereunder, of the Maharashtra Cooperative Societies Rules, 1961. Considering the above, the parties are united in submitting that a particular date and time may be fixed so that they can appear before the District Deputy Registrar, Cooperative Societies, Aurangabad and canvass their submissions as regards the settling of upset price. In view of the above, both these Writ Petitions are disposed off.

The litigating parties shall appear before respondent no.2/ District Deputy Registrar on 23.12.2019 at 03:00 pm. Formal notices need not be issued. The litigating sides are at liberty to canvass oral as well as written submissions. Thereafter, respondent no.2 shall follow the procedure as is laid down in law and shall deliver a reasoned order on or before 31.01.2020. If either of the parties have any grievance as regards the said order, they would be at liberty to avail of a remedy as is permissible in law.

The pending proceedings initiated by respondent no.3 against the order dated 03.10.2019 setting aside the auction sale, shall stand disposed off by consent of the parties.

kps (RAVINDRA V. GHUGE, J.)