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2009 Supreme(Bom) 148

J.H.BHATIA
Dilip Bhagwantrao Ingole – Appellant
Versus
Commissioner of Cooperation and the Registrar of Cooperative Societies – Respondent


Advocates:
Advocate Appeared
Shri. U. S. Dastane, Counsel for the petitioners.
Shri. V. M. Deshpande, Counsel for the respondent No. 4.
Shri V. A. Thakre, AGP for State/respondents No. 1 & 2.
CORAM: J. H. BHATIA J.

ORAL JUDGMENT:

1.Rule. Rule made returnable forthwith.

2. With consent of learned counsel for the parties the matter is taken up for final hearing and disposal of immediately.

3. The petitioners are the members of the Managing Committee of respondent No.3 Punjabrao Deshmukh Urban 5 Cooperative Bank Limited Amravati. Respondent No.4 was previously an employee of the State Bank and prosecution has been launched against him by the bank for certain offences. Respondent No. 4, who is also share holder and member of the Bank, made an application to the Commissioner of Registrar Cooperative Societies alleging that Annual General Meeting of the said Society was held on 14.08.2005 and prior to that the Auditor's Report about accounts of 2004-05 was already in receipt but that report was not placed before the Annual General Meeting of the Society and thus there was violation of provisions of Section 75(4) of the Maharashtra Cooperative Societies Act. This is an offence under Section 146(f) punishable under Section 147(f) of the Maharashtra Cooperative Societies Act. Besides that he alleged that the petitioners as members of the Managing Committee had fail










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