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2015 Supreme(Bom) 805

B.R.GAVAI, INDIRA K.JAIN
Marotrao – Appellant
Versus
State of Maharashtra, through its Secretary, Department of Co-operation and Marketing Mantralaya – Respondent


Advocates:
Advocate Appeared:
For the Appellant:P.C. Madkholkar, Advocate.
For the Respondents: R1, R2, R4, M.K. Pathan, AGP.

Judgment

B.R. Gavai, J.

1. Heard the learned counsel for the respective parties.

2. The appeal challenges the order passed by the learned Single Judge of this Court dated 12th of June, 2002 in Writ Petition No.1998/2002 thereby dismissing the petition which is filed by the petitioner.

3. The facts in brief give rise to filing of the present petition are as under:-

That, the respondent no.3-Bank is a specified Co-operative Society, as provided under Section 73G of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as “the said Act”). By a Resolution dated 14th August, 2001 the amendment was approved in the Annual General Meeting of the said bank. As per the said Resolution, the number of Directors which was originally 15 was sought to be increased to 17 as required under the provisions of Section 13 of the said Act. The Competent Authority i.e. respondent no.2 was moved for grant of approval to the amendment of the said bye-laws. The respondent no.2 vide his order dated 27th of November, 2001 directed the amendment of the bye-laws with a modification instead of 17 Directors as proposed, the approval was given to 16 Directors. Being aggrieved thereby, an appeal was








































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