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Bombay High CourtWP/712/2019disposed offdismissed for default

Gulam Jilani Gulam Dastgir Patel v. The State Of Maharashtra And Others

2020-02-17Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 78-WP-712-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 712 OF 2019 Gulam Jilani Gulam Dastgir Patel

...Petitioner

Versus

The State of Maharashtra and Ors.

...Respondents

Mr T.M. Venjane, Advocate for Petitioner Mrs M.A. Deshpande, Addl. G.P. for Respondent Nos. 1 to 3 Mr A.V. Hon, Advocate for Respondent Nos. 5 and 6 CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 17th FEBRUARY, 2020 PER COURT :

1.

The contention of the respondent Nos. 5 and 6 is that the petitioner is not a member of the Soot Girni. 2.

We do not fnd the petitioner as an interested party. The petitioner's objection has been considered by the respondent-authorities. The petitioner has been communicated about the explanation given by respondent No. 4. The frst application was given on 23.04.2018 and the explanation was given. Thereafter, again the representation is given by the petitioner on 07.09.2018 raising the same contention. The same was replied by respondent No. 3. Respondent No. 6 submitted the report regarding the liquidation proceedings. It is further stated in the afdavit fled by respondent Nos. 1 and 3 that the

2 78-WP-712-2019 liquidator (respondent No. 6) with the prior approval from the respondent No. 3, sold the properties of the Soot Girni by following e-Tender process. It is further stated in the afdavit by respondent No. 3 that in the present case, section 81 (5B) of the Maharashtra Co-operative Societies Act, 1960 is not attracted. The audit of the Society in liquidation is conducted under section 108 of the Maharashtra Co-operative Societies Act and not under section 81 of the said Act.

3.

One of the objections raised is that the petitioner is not a member of the Soot Girni. In view of that, petitioner also would not have any locus to assail the liquidation proceedings of the Soot Girni.

4.

In the light of that, writ petition is disposed of. No costs. [ SHRIKANT D. KULKARNI, J. ] [ S.V. GANGAPURWALA, J. ] mta