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2009 Supreme(SC) 1070

CYRIAC JOSEPH, S.B.SINHA
Pralhad – Appellant
Versus
Deorao – Respondent


Advocates Appeared: For the Appellants :Shekhar Naphads, Sr. Advocate, Shivaji M. Jadhav, Lenin S. Hijam, Chintaman Deshmukh, Sanjay V. Kharde, Advocates. For the Respondents:Dr. R.R. Deshpande, Jitendra Kumar, Advocates

Judgment :-

S.B. Sinha, J.

1.1. Leave granted.

2.2. These appeals are directed against a judgment and order dated 6.5.2008 passed by a Division Bench of the High Court of Judicature at Bombay bench at Aurangabad in Writ Petition No. 1056 of 2006 whereby and whereunder the Writ Petition filed by the first respondent herein was allowed.

3. Respondent No. 3 is a society registered under the Maharashtra Cooperative Societies Act, 1960 (for short, "the Act"). It was registered on or about 4.12.1991. The State of Maharashtra is said to have been holding share capital of Rs.26 lakhs therein. Its contribution is said to be running into several crores of rupees. No effort, however,

was made for running and managing its affairs for a long time. As no action had been taken for the said purpose, no share was collected and no meeting was held.

3.4. On or about 6.6.1995, the State of Maharashtra appointed a first Committee to manage the affairs of the society consisting of 13 persons for a period of three years. The said Committee is also said to have taken no step for effective functioning of the said cooperative society. No plant and machinery was acquired nor any other step was taken for erect







































































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