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2014 Supreme(Bom) 1816

M.S.SONAK
Jyotindra R. Shah – Appellant
Versus
Divisional Jt. Registrar, Co-operative Societies – Respondent


Advocates Appeared:
For the Petitioners:A. A. Kumbhakoni, Senior Advocate with Ashutosh Gavnekar, Amol B. Kharat, Guru S. i/b. Pillai & Co., Advocates.
For the Respondents:R1, R2, Vaishali Nimbalkar, AGP, R4, Meena Pomal, Advocate.

Judgment :

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

2. In the course of final hearing on 1 October 2014, Ms Meena Pomal – respondent no. 4, who appears in person urged that this petition be dismissed in limine, inter alia on the following grounds :-

(A) That the petitioners have made several misstatements of facts with regard to their having furnished certain documents to respondent no. 4;

(B) That extension of interim relief was obtained on 22 August 2014 without disclosing to the court that there was no order extending the interim relief made on 4 July 2014.

3. In so far as the first objection is concerned, the same can by no means be regarded to be 'preliminary'. This is because the entire dispute in the present petition concerns the non furnish of certain documents by the petitioners to respondent no. 4, despite orders for furnish, thereby prompting the respondent no. 1 to grant a sanction under Section 148 of the Maharashtra Cooperative Societies Act, 1960 (said Act) for prosecution of the petitioners. This issue shall therefore have to be taken up whilst considering whether the impugned order dated 20 November 2012 granting sanction as afor





































































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