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Bombay High CourtWP/4574/2025disposed off

Pankaj Purway (Chairman) And ANR v. The Dy Coop Societites Kalyan And ORS

2025-04-04Hon'Ble Shri Justice Amit Borkar2 pages

902-wp4574-2025-modified.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4574 OF 2025 Pankaj Purway (Chairman) & Anr.

... Petitioners V/s.

The Dy. Cooperative Societies, Kalyan & Ors.

... Respondents ATUL GANESH KULKARNI Mr. Shantanu Raktate for the petitioners.

Mr. J.P. Patil, AGP for respondent No.6-State. ATUL GANESH KULKARNI Date: 2025.04.08 14:08:20 +0530

CORAM

: AMIT BORKAR, J.

DATED : APRIL 4, 2025 P.C.:

1.

Issue notice to the respondents, returnable on 30 June 2025. 2.

Prima facie, it appears that the new Managing Committee has taken charge on 18 June 2023, whereas the audit is for the period 2022-2023 in relation to which allegations of nonsubmission of audit report under Section 81 of the Maharashtra Cooperative Societies Act, 1960 has been made. The order dated 13 March 2025 disqualifies the Managing Committee elected in the month of June 2023. Hence, the petitioners have made out a case for grant of ad-interim relief.

3.

Until further orders, there shall be ad-interim relief in terms of prayer clause (c).

902-wp4574-2025-modified.doc 4.

However, it is made clear that pendency of this writ petition shall not preclude the Appellate Authority from deciding the appeal, and it shall be open for the Appellate Authority to decide the appeal finally during pendency of the present writ petition. (AMIT BORKAR, J.) Note: This order is modified as per order dated 8 April 2025. The correction is shown in italicize.