Bombay High CourtCAW/2146/2017ca disposed off

Indira Ginning And Pressing Cooperative Society Ltd., Rajura Thr. Pres. Mr. Sudhakar N. Bongirwar v. Assistant Registrar Cooperative Societies, Rajura And Another

2017-09-25Hon'Ble Shri Justice S.C. Gupte2 pages

1 wp4847.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION [CAW] NO.2146 OF 2017 IN WRIT PETITION NO. 4847 OF 2017 (Indira Ginning And Pressing Cooperative Society Ltd. Rajura, Thr. Its President...VS...Assistant Registrar, Cooperative Socieities, Rajura and Another) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. S. Ghare, Advocate for Petitioner.

Shri V. P. Maldhure, A.G.P. for Respondent/State. CORAM : S.C.GUPTE, J.

DATED : 25 th SEPTEMBER , 2017.

01] This writ petition challenges a preliminary order of winding up passed by the Assistant Registrar of Cooperative Societies in respect of the petitioner - society. Notice was issued in the petition and the effect, operation, implementation and execution of the impugned order dated 16th June, 2017 were stayed until further orders. This order was passed on 27th July, 2017. This order was communicated to the Assistant Registrar on the very next day, i.e. on 28th July, 2017. It, however, appears that before this order was passed, there was a final order of winding up already passed against the petitioner - society by the Assistant Registrar. This order was made available to the petitioner on the next day, i.e. on 28th July, 2017. The communication of 28th July, 2017 is disputed by the State. According to learned A. G. P.

, the order was communicated to the petitioner earlier. Be that as it may, the present civil application, which seeks amendment of the petition so as to include a challenge to the final order of winding up passed by the Assistant Registrar, deserves to be allowed. The civil application is, accordingly, allowed in terms of prayer Clauses (i) and (ii).

2 wp4847.17 02] The amendment to be carried out within two weeks.

03] Parties are directed to maintain status-quo as of today in respect of the society.

04] The petition to come up for admission after 'Diwali' vacation.

JUDGE PBP