Prabhakar Bhimrao Patole And ORS v. Ld. Deputy Registrar, Co-Operative Societies (Fisheries) And ORS

JAYARAJAN ANJAKULATH NAIR Date: 2022.01.25 12:13:20 +0530 JAYARAJAN ANJAKULATH NAIR 1/3 03 WP-8612.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8612 OF 2021 Prabhakar Bhimrao Patole & Ors.

] ... Petitioners Vs.

Deputy Registrar, Co-operative Societies (Fisheries) & Ors.

] ] ... Respondents ALONG WITH INTERIM APPLICATION NO.4060 OF 2021 IN WRIT PETITION NO.8612 OF 2021 Sunil Shamrao Patole & Ors.

] ... Applicants Vs.

Prabhakar Bhimrao Patole & Ors.

] ... Respondents ...

Mr. Manoj A. Patil for the petitioners.

Mr. Suresh Sabrad i/b Ms. Neha R. Parte for the Intervenors. Mr. Chetan G. Patil for respondent No.3.

Mr. S.H. Kankal, A.G.P. for the State.

...

2/3 03 WP-8612.21.odt

CORAM

: RAVINDRA V. GHUGE, J.

DATED : 24TH JANUARY, 2022.

P.C. :- 1.

By an order dated 21/12/2021, this court (Coram: G.S. Kulkarni, J.) had recorded that as the consent terms are not properly signed, let the fresh consent terms be filed, if there is any consensus between the parties to settle the disputes. 2.

The consent terms (33 pages) duly signed by all the petitioners and respondent No.3 (the contesting parties) are placed on record. Paragraph No.7 of the consent terms dated 21/12/2021 indicates that the admission and enrolment of the petitioners, as members of respondent No.3-Society, shall be subject to the final ratification and approval of the General Body Meeting of respondent No.3-Society. The said consent terms are taken on record and are collectively marked as X-1 for identification. 3.

Mr. Sabrad, the learned advocate representing the intervenors submits that the intervenors are opposing the induction of the petitioners as members of respondent No.3-Society. He, therefore, submits that either the consent terms may not be accepted or, if accepted, the intervenors would exercise their right in the General Body Meeting with regard to, whether the

3/3 03 WP-8612.21.odt petitioners should be inducted as members of respondent No.3Society. 4.

The learned advocate for the respective parties submit that Clause 7 of the consent terms takes care of the intervenors as well as all those members, who are already the members of respondent No.3-Society and who will be participating in the General Body Meeting.

5.

In view of the above, this petition is disposed off in the light of the consent terms (X-1).

6.

Needless to state that the members of respondent No.3Society would have an independent right to express their view/opinion in the General Body Meeting, which would be convened for seeking final ratification of the induction of the petitioners, as members of respondent No.3-Society. 7.

In the light of the above, all the pending interim applications stand disposed off.

[RAVINDRA V. GHUGE, J.]