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2015 Supreme(Bom) 1451

ANOOP V.MOHTA
Balasaheb Dhondiram Nikam – Appellant
Versus
Joint Registrar, Co-Operative Societies – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Ajit J. Kenjale and Rajesh Dharap
For Respondents/Defendant: S.D. Rayrikar, AGP

JUDGMENT

Anoop V. Mohta, J.

1. Rule, rule made returnable forthwith. Heard the learned counsel appearing for the Petitioner, as well as, the learned AGP for Respondent Nos. 1 and 2. Though served, none appeared for Respondent Nos. 3 to 5.

2. The learned counsel appearing for the Petitioner has pointed out the provisions specifically Rule 86-F (Chapter VIII-A) of the Maharashtra Co-operative Societies Rules, 1961 (for short, the MCS Rules), which is reproduced as under:

"86-F. Judgments, Order and Certificate:--After hearing the arguments of the parties, the Registrar shall issue a reasoned judgment and pass an order for the grant or the rejection of the application. The Registrar, thereafter, shall issue a Certificate in Form "V". The judgment and the certificate shall bear his seal, signature and date."

and further submission is placed, by referring to the basic notice issued under section 101 of the Maharashtra Co-operative Societies Act, 1960 (for short, the MCS Act") for recovery of the amount due dated 25 July, 2011, in which there are no reasons whatsoever mentioned which is required in view of the Rules so referred. I am inclined to accept the submission, as in pursuance to the R











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