Shree Mhandalaidevi Sahakari Dudh Vyavsaik Sanstha Maryadit v. Ninaidevi Mahila Sahakari Dudh Vyavsaik Sanstha Maryaditi (Proposed) And ORS

9-WP-3296.23.docx Gayatri

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3296 OF 2023 Shree Mhandalaidevi Sahakari Dudh Vyavsaik Sanstha Maryadit ... Petitioner Vs.

Ninaidevi Mahila Sahakari Dudh Vyavsaik Sanstha Maryaditi and others

...Respondents

Mr. Deepak Lad a/w Mr. Akhil Nair, Advocate for Petitioner Mr. Ruturaj P. Pawar, Advocate for Respondent No. 1. Ms. Suvarna Yadav, Advocate for Respondent Nos. 5 to 9 and 11. Mrs. M. P. Thakur, AGP for Respondent Nos. 2, 3 and 4. CORAM : GAURI GODSE, J.

DATE :

31th JANUARY 2024 P.C.

1.

Learned counsel for the respondent no. 1 states that the orders impugned in the petition are pertaining to the pre-registration stage. He states that subsequently the final procedure has been completed and respondent no. 1 - society is registered. He therefore submits that the petition has become infructuous.

2.

Learned counsel for the petitioner states that various objections 1/2

9-WP-3296.23.docx were raised concerning non-compliance of the procedures at the time of pre-registration stage and hence, if the present petition is disposed of has infructuous it will not be open for the petitioner to raise similar objections at the time of challenging the final registration orders. 3.

Since final registration orders are already passed in my view, this writ petition in rendered infructuous. However, it is always open for the petitioner to challenge the final registration orders on all the grounds available including the grounds of objection raised at the time of preregistration. 4.

The petitioner is therefore at liberty to challenge the final registration order by raising all the available objections including the objections raised at the time of preregistration stage. Hence with the aforesaid liberty petition is disposed of as infructuous. 5.

Needless to record that, I have not examined the rival contentions on merits and hence all contentions of all parties are kept open.

[GAURI GODSE, J.] by GAYATRI RAJENDRA SHIMPI Date:

2024.02.02 13:30:35 +0530 GAYATRI RAJENDRA SHIMPI 2/2