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2006 Supreme(Bom) 1950

J.N.PATEL
KRISHAN NATH A. PRABHU DESAI – Appellant
Versus
STATE OF GOA – Respondent


Advocates appeared
For petitioner: M. P. Amonkar
For respondents No. 1 to 3: Guri Shirodkar, Addl. Govt. Pleader

JUDGMENT

1. Heard learned Counsel for the parties.

2. The petitioner is a member of "Sanjivani Bagayatdar Sahakari Saunstha" a society registered under the Maharashtra Co-operative Societies Act, 1960, (as applicable to the then Union Territories of Goa, Daman and Diu). It is the case of the petitioner that respondent No. 3 had passed an interim order dated 24th March, 1994 under section 102(1)(a)(iv) of Maharashtra Co-operative Societies Act read with Rule 84 of the Maharashtra Co-operative Societies Rules, 1962 for winding up of the said society and further calling upon the society" as to why its affairs should not be wound up. In response to the show cause notice the Chairman of the said Society filed its objections but respondent NO.3 by its Order dated 28th April, 1994 passed under section 102(2) of the said Act, confirmed the interim order dated 24th March, 1994 and appointed respondent No.4 as liquidator of the society.

3. It is the case of the petitioner that under section 109 of the Maharashtra Co-operative Societies Act the winding up proceedings of the society has to be concluded within a period of three years from the date of the order of winding up, unless the said perio











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