The Malad Sahakari Bank Ltd Throu. Its Authorized Officer Ganesh Waman Ghuge v. The State Of Maharashtra Throu. Govt Pleader And ORS

BHARAT DASHARATH PANDIT by BHARAT DASHARATH PANDIT Date: 2025.04.25 16:25:18 +0530 1 26 15251-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15251 OF 2024 The Malad Sahakari Bank Ltd.

.... Petitioner.

V/s The State of Maharashtra and Others .... Respondents.

Mr. Sanjay Anabhawane, Advocate for the petitioner. Mr. A.I. Patel, Additional Government Pleader a/w Mr. P.G. Sawant, Assistant Government Pleader for respondent nos. 1 and 2. CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE : 25th APRIL, 2025 P.C. :

1] Despite the order dated 14/11/2024 when service was waived on behalf of respondent no.3, there is no appearance on behalf of the said respondent nor has any affidavit-in-reply being filed. 2] The petitioner seeks issuance of directions against the respondent no.3 Co-operative Society pursuant to the order dated 12/06/2023 passed by the District Deputy Registrar under the provisions of Rule 85(5) of the Maharashtra Co-operative Societies Rules, 1961. It is submitted that that as the aforesaid Certificate in Form 'R' has been issued in favour of the petitioner it is incumbent upon the Society to act in accordance with Rule 85(13) of the said Rules. Since the Society is not taking any steps, the petitioner has approached this Court. 3] Considering the facts of the case, in our view, the following directions would serve the ends of justice:- BDP-SPS 1/2

2 26 15251-24.doc (i) The petitioner shall within a period of ten days call upon the Co-operative Society to act in accordance with Rule 85(13) of the said Rules. If within a period of four weeks from receiving such application, the Society does not take any further steps it would be open for the petitioner to make a grievance before the District Deputy Registrar - Respondent No.2. If such grievance is received, the same shall be considered in accordance with law.

(ii) With the aforesaid directions, the writ petition is disposed of.

(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J.) BDP-SPS 2/2