Pandurang S/O Purushottam Pande v. Assistant Registrar, Cooperative Society, Darwha And Authorized Inquiry Officer And ANR.

1144wp8037.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 8037 OF 2025 Pandurang s/o Purushottam Pande Vs Assistant Registrar, Cooperative Society, Darwha and authorized Inquiry Officer, and another.

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Amol Deshpande, counsel for petitioner.

Mr. S.M.Ukey, Addl. G.P. for respondent Nos. 1 and 2.

CORAM

: ANIL S. KILOR and RAJNISH R. VYAS, JJ.

DATE : 16/12/2025 1.

Heard learned counsel for the petitioner.

2.

The challenge in this writ petition is to show cause notice issued under Section 72(3) of the Maharashtra Cooperative Societies Act, 1961. The notice dated 17/11/2025.

3.

Learned counsel for the petitioner submits that the said notice ought not to have been issued by the respondents in view of the law laid down by various Courts, as well as the judgment passed by the Hon'ble Apex Court in Siemens Ltd. v. State of Maharashtra and Others, reported in (2006) 12 Supreme Court Cases 33. 4.

He further submits that the authority be directed to consider the points raised by the petitioner, as well as the law laid down by the Hon'ble Apex Court in the judgment cited (supra). 5.

Be that as it may, since the request made by the petitioner is reasonable, we direct the petitioner to submit a detailed reply to the show cause notice dated 17/11/2025 on a fixed date. Thereafter, respondent No.1 shall take into consideration the points raised by the rkn

1144wp8037.2025.odt petitioner, as well as law laid down by the Hon'ble Apex Court referred (supra).

6.

Needless to mention, if any adverse order is passed against the petitioner, the same shall not take effect for a period of 15 days, so as to enable the petitioner to approach the appropriate forum, as may be available in law. Order passed by respondent be communicated to petitioner within 3 days thereafter.

7.

The writ petition is disposed of accordingly. (RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) rkn