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2011 Supreme(Bom) 972

J.H.BHATIA
Ram Jadhav – Appellant
Versus
V. S. Indulkar – Respondent


Advocates appeared:
For the Petitioner:Y.S. Jahagirdar, Senior Counsel I/by R.V. Govilkar, S.B. Khurjekar Advocates.
For the Respondents:R1 to R12, R.S. Ghadge, I/by A.S. Desai, Advocates, R13, A.I.I. Patel, A.G.P.

Judgment :

Heard the Learned Counsel.

1. Perused previous orders. It appears that on 23rd July, 2008, the Deputy Registrar Cooperative Societies, Pune passed an order under section 78 (1) of the Maharashtra Cooperative Societies Act superseding the Managing Committee and appointed an Administrator. That order was challenged before the Divisional Joint Registrar Cooperative Societies, Pune who stayed the order passed by the Deputy Registrar. It was interim stay. As a result order about appointment of Administrator came to be stayed. Thereafter, the Petitioner filed Intervention Application.

2. On 10th September, 2008, the Divisional Joint Registrar vacated the interim stay order, result of which would be the appointment of Administrator as per the order passed by the Deputy Registrar. The order dated 10th September, 2008 was challenged in Writ Petition No. 6436/2008. It was contended on behalf of the Petitioners in their Petition, that the order vacating interim relief was in breach of principles of natural justice as Petitioners, who were Appellants before the Divisional Joint Registrar, were not given opportunity of hearing. On 19th September, 2008 this Court in the said Writ Pe









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