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1998 Supreme(Bom) 170

R.M.S.KHANDEPARKAR
Gajanan Pandurang Shet Parkar and others – Appellant
Versus
L. D. Authorised Person of the Registrar of Co-op. Societies and others – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---The basic point which is raised for consideration in all these three petitions is that whether failure on the part of the members of the Managing Committee of the Co-operative Society in performing their duties as prescribed by the provisions of certain Bye-laws of the Society would amount to misfeasance under section 88 of the Maharashtra Co-operative Societies Act, 1960 as applicable to the State of Goa. Simultaneously yet another question is sought to be raised herein is whether the decision in a disputed case under section 91 of the said Maharashtra Co-operative Societies Act as applicable to Goa at the instance of the management of the Society would bar the jurisdiction of the Registrar to proceed under section 88 of the said Act against the Managing Committee of the Society or its members. Since common questions of law are sought to be raised in all these three petitions, they are heard together and are being disposed of together by this common judgment.

2.The facts in brief relevant for decision are that the Mapusa Consumer Co-op. Society Limited hereinafter called as "the said Society" is the Co-operative Society registered under Mahara




























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