Aashay Suresh Bhadke v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13619 OF 2024 Aashay Suresh Bhadke .. Petitioner Vs.

The State of Maharashtra and Ors.

.. Respondents Mr. Vaibhav V. Ugle, Advocate for the Petitioner. Mr. N.K. Rajpurohit, Assistant Government Pleader for the RespondentState of Maharashtra. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 7TH OCTOBER 2024.

P.C. :

1.

Considering the nature of directions proposed to be issued, a service of notice on respondent nos.4 and 5 is dispensed with. The learned Assistant Government Pleader waives notice for respondent nos.1 to 3. 2.

The proceedings under Section 101 of the Maharashtra Co-operative Societies Act, 1960 ("Act of 1960") initiated by the 4th respondent - Bank came to be dismissed by the Deputy Registrar of Co-operative Societies on 24th January 2023. Being aggrieved, the Bank has preferred Revision Application under Section 154 of the Act of 1960. The petitioner, who is respondent no.4 in the said Revision Application, has filed two applications raising an objection to the tenability of the said proceedings. The same are dated 18th July 2024 and 6th August 2024. The learned counsel for the petitioner submits that without considering these applications, the proceedings under Section 154 of the Act of 1960 are being finally decided.

Digitally signed by SNEHA ABHAY DIXIT Date:

2024.10.07 14:51:18 +0530 1/2 Dixit SNEHA ABHAY DIXIT 8-WP-13619-2024.doc

3.

In view of the aforesaid, the following directions would serve the ends of justice :- The Divisional Joint Registrar of Co-operative Societies, Nashik Division before deciding the Revision Application, under Section 154 of the Act of 1960, finally, shall first consider the petitioner's objections / applications dated 18th July 2024 and 6th August 2024 on its own merits and in accordance with law. 4.

Keeping all points on merits open, the writ petition is disposed of in aforesaid terms.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 8-WP-13619-2024.doc Dixit