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2016 Supreme(SC) 183

V.GOPALA GOWDA, UDAY UMESH LALIT
Hemant Vimalnath Narichania – Appellant
Versus
Anand Darshan C. H. S. Ltd. – Respondent


JUDGMENT :

Uday Umesh Lalit, J.

1. Leave granted.

2. These appeals challenge the common Judgment and Order dated 02.08.2010 passed by the High Court of Judicature at Bombay in Writ Petition Nos.8194 of 2009 and 2980 of 2010.

3. The subject of division of an existing Co-operative society in the State of Maharashtra is dealt with by Section 18 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as “the Act”) which Section is to the following effect:-

“18. POWER TO DIRECT AMALGAMATION, DIVISION AND REORGANISATION IN PUBLIC INTEREST, ETC:

(1) Where the Registrar is satisfied that it is essential in the public interest, or in the interest of the cooperative movement, or for the purpose of securing the proper management of any society, that two or more societies should amalgamate or any society should be divided to form two or more societies or should be reorganised then notwithstanding anything contained in the last proceeding section but public subject to the provisions of this section, the Registrar may, after consulting such federal society as may be notified by the State Government by order notified in the Official Gazette, provide for the amalgamation, division o













































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