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Bombay High CourtWP/7154/2016dispossed offdismiss for default

Chittaranjan Gunwantrao Kolhe v. State Of Maha. Thr. Secretary, Department Of Marketing Federation And Textile, Mumbai And Others

2016-12-23Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 7154 OF 2016 Chittaranjan Gunwantrao Kolhe, Yavatmal -vsState of Maharashtra, thr.its Secretary, Departt.of Marketing Federation and Textile & others. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. R.S.Kurekar, counsel for the petitioner.

Mr. A.S.Fulzele, Addl.G.P.for the respondent Nos.1 to 3. CORAM : SMT. VASANTI A NAIK & MRS. SWAPNA JOSHI, JJ.

DATE : 23.12.2016.

By this writ petition, the petitioner seeks a direction against the respondents to hold the elections of the Board of Directors of Vasant Ginning and Pressing Factory, Ralegaon, within a time frame and permit the present Board of Directors to continue till the elections are held.

Shri Kurekar, the learned counsel for the petitioner, states that since according to the respondents, the petitioner has deposited deficit election expenses, the petitioner would deposit the necessary election expenses within fifteen days. It is stated that the respondent Nos.2 and 3 may be directed to hold the elections to Vasant Ginning and Pressing Factory.

Shri Fulzele, the learned Additional Government Pleader appearing for the respondent Nos.1 to 3, states on instructions from the respondent No.3, who is present in the court today that if the petitioner deposits necessary expenses within fifteen days, the elections could be concluded within fourty five days, thereafter. It is stated that there is a delay in conducting the elections, as the petitioner had not deposited the requisite election expenses.

In the circumstances of the case, we dispose of the writ petition with a direction against the respondent No.3 to conduct the

2/2 wp7154.16 elections within fourty five days from the date on which the petitioner deposits the election expenses. The Board of Directors of Vasant Ginning and Pressing Factory would continue to function, till the elections are concluded. If the petitioner fails to deposit the election expenses within fifteen days, the respondents are free to take appropriate action against the Board of Directors of Vasant Ginning and Pressing Factory. Order accordingly. No costs. JUDGE JUDGE KHUNTE