Shri Gautam Akduji Tode And Another v. The Commissioner For Co-Operation And Registrar F Societies, Pune And 2 Others

wp982.15 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 982 OF 2015 Gautam Akjuji Tode and another -vsThe Commissioner For Cooperatiion and Registrar of Societies, Pune and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. P. S. Tidke, counsel for the petitioners. Mr. D.B.Patel, AGP for the respondent Nos.1 to 3. CORAM : SMT. VASANTI A. NAIK & A. I. S. CHEEMA, JJ.

DATE : 06.10.2015.

By this petition, the petitioners seek a direction to the respondents to take action against the directors and managers of Chandrapur Zilla Magasvargiya Nagrik Sahakari Path Sanstha, Chandrapur on the basis of the enquiry report, dated 09/08/2012. Certain ancillary relief is also sought by the petitioners. Shri Patel, the learned Assistant Government Pleader, on instructions states that the petitioners are also the ex-directors and members and in an enquiry, made in the year 2005, the petitioner No.1 was held to be responsible. It is stated that on the basis of the enquiry report of the Cooperative Officer, Class-I attached to the Assistant Registrar Office, Chandrapur, an F.I.R. has been filed against the directors of the society and the directors have challenged the F.I.R. in Criminal Writ Petition No.1042 of 2014 and the same is still pending.

On hearing the learned counsel for the parties, it appears that there is an enmity between the petitioners, who are ex-directors and members on one hand and the directors against whom action has been sought by the petitioners on the other. In

wp982.15 2/2 view of the rivalry between the parties, the petition has been filed for seeking the aforesaid relief. In the circumstances of the case, we are not inclined to show any indulgence in the matter at the behest of the petitioners. In any case, it is stated on behalf of the respondents that action has already been initiated against the persons, who are found guilty in the enquiry. In view of the aforesaid, the writ petition is disposed of with no order as to costs.

JUDGE JUDGE KHUNTE