Shrikant Karbotkar v. Asst. Registrar Of Co-Operative Societies, Government Of Goa,

2025:BHC-GOA:2312 Suzana

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.455 of 2025 SHRIKANT KARBOTKAR ... PETITIONERS

Versus

ASST. REGISTRAR OF CO-OPERATIVE SOCIETIES, GOVERNMENT OF GOA, ... RESPONDENTS Mr. Dinesh Naik, Advocate with Ms. Shruthi S. Arabekar, Advocate for the Petitioners.

Mr. Manish Salkar, Government Advocate for the Respondents. CORAM : VALMIKI MENEZES, J.

DATED : 26th NOVEMBER, 2025.

ORAL ORDER:

1.

The Petition would have to be allowed for the following reasons:

a). In reply to the Show Cause Notice dated 06.01.2025, sent to the Petitioners by the Assistant Registrar of Cooperative Societies of Cooperative Societies, North Zone, Mapusa, Goa, under Section 61 of the Co-operative Societies Act, 2001, which was received by the

Petitioners on 21.04.2025, a reply came to be filed by the Petitioners on 22.04.2025.

b). The reply answers all the points raised in the Show Cause Notice in great detail, along with supporting documents which are, Minutes of the atleast four Annual General Meetings and with the accounts presented in each of these meetings which were audited.

c). Perusal of the impugned order would show that the Assistant Registrar has, without making any reference whatsoever to the contentions raised in the reply nor considering the documents produced to the reply, passed a cryptic order without any reasoning and disqualified the Board of Directors of the Co-operative Society for a period of five years.

d). On this ground alone, since the order suffers from total non-application of mind and non-consideration of the record, and further, since the order is without any

reasoning, the same would have to be quashed and set aside.

2. Needless to state that the Assistant Registrar shall now proceed to hear the matter afresh and consider the reply and documents placed on record before passing orders. 3.

The Petitioners shall be given an opportunity to place any further documentation that they wish to place before the Assistant Registrar before passing of the final order. Consequently, the impugned order dated 31.10.2025 of the Assistant Registrar of Cooperative Societies, North Zone, Mapusa, Goa, is quashed and set aside.

4.

The Assistant Registrar shall hear the matter afresh. Necessary notice to be issued by the Assistant Registrar to the concerned parties for the hearing to be held afresh. The parties to appear before the Assistant Registrar.

Writ Petition stands disposed of in the above terms. No costs.

VALMIKI MENEZES, J.

Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 27/11/2025 14:46:26