Ganesan Venkatraman And ORS v. The Deputy Registrar Co Operative Societies M Ward And ORS

2026:BHC-AS:24555 k 1/2 6 wp 7208.26 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7208 OF 2026 Ganesan Venkatraman & Ors.

....Petitioners V/S The Deputy Registrar, Co-operative Societies & Ors. ....Respondents _________ Mr. Bhavik Lalan a/w Mr. Yohan Mehta, Mr. Suraj Iyer i/b Ganesh & Co. for the Petitioners.

Ms. Mamta S. Srivastava, AGP for Respondent/State. Mr. Vivek Sharma - Intervener.

Mr. Dhanraj P. Pawar, Co-operative Officer Grade-I, Deputy Registrar, Cooperative Societies M-Ward, Mumbai present in Court. __________ CORAM : SANDEEP V. MARNE, J.

DATE : 17 JUNE 2026.

P.C.:

1.

When the Petition heard on 11 June 2026, following order was passed:

"1) One of the grievance raised in the Petition is that the report of inquiry conducted under Section 83 of the Maharashtra Co-operative Societies Act, 1960 has not been provided to the Society. Sub-section (4) of Section 83 mandates that result of inquiry conducted under the Section needs to be communicated to the society, whose affairs are investigated. Mr. Sawant, the learned AGP seeks time to take instructions.

2) List the Petition for further consideration on 17 June 2026 under caption 'for circulation'."

2.

The learned AGP produces copy of communication dated 2 January 2026 issued by the Society to the Deputy Registrar asking for copy of the katkam Page No.

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k 2/2 6 wp 7208.26 as.doc Enquiry Report. It appears that Enquiry Report has been submitted to the Society on 2 January 2026. In that view of the matter, nothing remains to be adjudicated in the Petition.

3.

The learned counsel appearing for Petitioners expresses an apprehension that the Enquiry Officer is likely to make a report without grant of an opportunity of hearing to the Petitioners. However, it appears that the Enquiry Officer has already framed charges. He is bound to give an opportunity of hearing to the Petitioners before ascertaining their liability under Section 88 of the Maharashtra Co-operative Societies Act, 1960. The apprehension is thus clearly misplaced. 4.

The Writ Petition is accordingly disposed of. There shall be no order as to costs.

(SANDEEP V. MARNE, J.) Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 18/06/2026 17:35:59 katkam Page No.

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