Riyazuddin Shaikh (Ex-Chairman) And ORS. v. Rahamutalla Khamkar

901-wp2206-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2206 OF 2024 Riyazudin Shaikh (Ex-Chairman) & Ors.

... Petitioners V/s.

Rahamutalla Khamkar & Ors.

... Respondents Mr. Kishor Patil i/by Mr. Pratik B. Rahade for the petitioners.

Mr. Rahamutalla Khamkar, respondent No.1 is present in-person.

Mr. A.B. Chate, Additional G.P. with Mr. Sanjay D. Raurikar, AGP for respondent Nos.3 and 4.

CORAM : AMIT BORKAR, J.

DATED : FEBRUARY 16, 2024 P.C.:

1.

Prima facie it appears that the order of appointment of the Administrator has been passed for not placing audit report before the Annual General Meeting and getting audit conducted through an Auditor not approved by the State Government. Hence, in absence of charges of misappropriation, the petitioners have made out a case for grant of ad-interim relief.

2.

Till 26 February 2024, there shall be ad-interim relief in terms of prayer clause (b).

901-wp2206-2024.doc 3.

Respondent No.1 is present in-person. He waives notice. Mr. Rayrikar, learned AGP waives service for respondent Nos.3 and 4. 4.

Issue notice to the respondent No.2, returnable on 26 February 2024.

(AMIT BORKAR, J.)