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2009 Supreme(Bom) 1067

S.B.MHASE, R.M.SAVANT
Shantilal Lalchand Changede – Appellant
Versus
Prasad Oak – Respondent


Advocates appeared:
For the Petitioners:A. S. Desai, Advocate.
For the Respondents: Samir Patil, AGP. for the Intervenors :M.M. Vashi i/b M/s. M. P. Vashi & Associates, Advocates.

Judgment :-

Oral Judgment: (S. B. Mhase, J.)


1. Rule, with the consent of the parties made returnable forthwith and heard.


2. The Petitioners have approached this Court under Article 226 of the Constitution of India challenging the order dated 15th April 2009 passed by the Deputy Registrar of Co-operative Societies, KWest Ward, Bombay. By the said order, the Respondent No.1 exercising power under section 102 of the Maharashtra Co-operative Societies Act, 1960 (for short “the said Act”) has appointed one Shri. Ashok Pagare, the Assistant Cooperative Officer, K-West Ward, Bombay as an interim liquidator of the Cool-Home Versova Co-operative Housing Society Ltd. - the Petitioner no. 6 herein.


3. At the outset we would like to clarify that normally we would not have entertained the present petition, since the order under challenge is only an interim order and the parties could approach the Deputy Registrar under subsection (2) of section 102 of the said Act before the final order of liquidation is passed. But we have decided to exercise our extraordinary jurisdiction in the peculiar facts and circumstances which we are going to enumerate hereinbelow as a result of which we are of the























































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