Kailash Maheshwari And ORS v. State Of Maharashtra Thr The Government Pleader And ORS

904 wp 10587 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10587 OF 2025 Kailash Maheshwari and Ors.

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Petitioners versus State of Maharashtra and Ors.

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Respondents SWAROOP SHARAD PHADKE Mr. Ankit Lohia with Mr. Nikhil Jayakar i/by Ms. Ranjana Parab, for Petitioners. Ms. T.J.Kapre, AGP for Respondent Nos.1 to 3. Ms. Pratibha Mehta, for Respondent Nos.4 and 5. SWAROOP SHARAD PHADKE Date: 2025.08.14 21:42:53 +0530 CORAM: N.J.JAMADAR, J.

DATE :

12 AUGUST 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 14th July 2025 passed by the Divisional Joint Registrar in Revision Application No.240 of 2025, whereby the application preferred by the Petitioners came to be rejected and the order passed by the Deputy Registrar dated 29th April 2025 disqualifying the Petitioners, under Section 75(5) of the Maharashtra Co-operative Societies Act, 1960, for a period of five years, came to be affirmed. 3.

Arguable questions are raised.

4.

Learned AGP, on instructions, submits that by an order dated 7 August 2025, an Authorized Officer has been appointed, under Section 77A of the Act, 1960. The communication dated 8 August 2025 indicates that, the Authorized Officer is to take charge of the affairs of the Society on 13 August 2025.

SSP 1/2

904 wp 10587 of 2025.doc 5.

In these circumstances, let the Respondents file affidavit/s in reply within a period of three weeks.

6.

Post the Petition for hearing and final disposal at the stage of admission on 15 September 2025.

7.

In the meanwhile, the Authorized Officer shall not take charge of the affairs of the society till the next date. The Petitioners are permitted to manage the day to day affairs of the Society, but they shall not take any policy decision.

( N.J.JAMADAR, J. ) SSP 2/2