Indrajit S/O Kisanlalji Batra And Others v. Govt. Of Maharashtra, Thr. Its Assistant Registrar, Co-Op. Societies, Wardha

2025:BHC-NAG:4470-DB wp2091.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2091/2025 (Indrajit S/o Kisanlalji Batra and others Vs. Government of Maharashtra, through its Assistant Registrar, Cooperative Societies, Wardha) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -------------------- - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------------------ - - - - - - - - - - - - - - - - Mr. S.K. Tambde, Advocate for the petitioners. Mr. A.J. Gohokar, A.G.P. for the respondent.

CORAM: NITIN W. SAMBRE & MRS.VRUSHALI V. JOSHI, JJ. DATED: 28.4.2025.

Heard.

2.

Section 81(3) of the Maharashtra Co-operative Societies Act is taken recourse to against the petitioner directing Test Audit of the Society of which the petitioners are the Office Bearers who got elected on 15.4.2022. 3.

It is the contention of Mr. S.K. Tambde, learned Advocate appearing for the petitioners, that since Test Audit is in relation to the period for which the petitioners were not Directors, the orders of directing Test Audit cannot be implemented against the petitioners.

4.

The aforesaid contention raised by the petitioners is in the form of their defence.

5.

Such contention can always be raised by the petitioners at an appropriate stage. However, just because the petitioners are elected subsequently, that by itself cannot be a reason for not responding to the orders of conducting Test Audit as they being elected Directors. The petitioners are the official custodians of the respondent society.

wp2091.2025.odt 6.

In that view of the matter, no interference is called for by this Court in the extraordinary writ jurisdiction. The writ petition stands disposed of accordingly. Pending applications, if any, also stand disposed of. No costs. (MRS.VRUSHALI V.JOSHI, J.) (NITIN W. SAMBRE, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PA To Honourable Judge Date: 29/04/2025 16:59:57