Bhadresh Kamdar v. Dy Registrar Cooperative Societies, Mumbai Western Suburbs And ORS

Arun Sankpal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10843 OF 2025 Bhadresh Kamdar ..Petitioner

Versus

Dy Registrar Cooperative Societies, Mumbai Western Suburbs & Ors

...Respondents

Mr. Surel Shah, Senior Advocate, with Ketan Joshi, for the Petitioner. Ms. Aloka Nadkarni, AGP, for Respondent Nos.1 and 5-State. Mr. Akshay Kapadia, for Respondent Nos. 2 and 3. Mr. Priyank Daga, with Vishwajeet Mohite and Pranjali Jadhav, for Respondent No.4.

CORAM:

N. J. JAMADAR, J.

DATED :

7th AUGUST 2025 P.C.:

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 24th July 2025 passed by the Joint Registrar of Cooperative Societies, whereby the Revision Application preferred by the Petitioners against an order of ARUN RAMCHANDRA SANKPAL disqualification passed by the Deputy Registrar on 23rd January 2025 ARUN RAMCHANDRA SANKPAL Date: 2025.08.08 12:50:22 +0530 under Section 75 of the Maharashtra Cooperative Societies Act 1960., came to be dismissed, affirming the order passed by the Deputy Registrar.

1/3

3.

The genesis of the dispute appears to be in not placing the rectified audit reports before the Annual General Body Meeting of the society for approval. Instead the Agenda for the meetings indicates that the rectified report of statutory audit for the previous financial year were placed before the AGM with the remarks, "for noting". 4.

In this backdrop, an arguable question whether the Authorities were justified in taking the drastic action of disqualification of the office bearers of the society for the said alleged lapses, arises for consideration.

5.

Issue notice for final disposal to Respondents returnable on 4th September 2025.

6.

Ms. Nadkarni, the learned AGP, waives notice for Respondent Nos. 1 and 5.

7.

Mr. Kapadia, the learned Counsel waives notice for Respondent Nos. 2 and 3.

8.

Mr. Daga, the learned Counsel waives notice for Respondent No. 4-society.

9.

The Respondents are at liberty to file an Affidavit in Reply within a period of three weeks and serve it's copy on the Petitioners. Affidavit in Rejoinder, if any, be filed within two weeks, thereafter. 10.

Stand over to 4th September 2025.

2/3

11.

In the meanwhile, there shall be an ad-interim order in terms of prayer clause (d).

[N. J. JAMADAR, J.] 3/3