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2016 Supreme(Bom) 2234

B.R.GAVAI, R.K.DESHPANDE, V.M.DESHPANDE
Santosh s/o Narayan Gaikwad – Appellant
Versus
Registrar of the Hon'ble High Court of Judicature at Bombay, Nagpur Bench, Nagpur – Respondent


Advocate Appeared:
For the Petitioner:Shri F.T. Mirza with Shri N.B. Kalwaghe, Advocates.
For the Respondent:Shri Anand Jaiswal, Senior Advocate, Smt. Bharti Dangre, Government Pleader.

JUDGMENT :

1. The Division Bench of this Court, by an order dated 12-9-2011, has referred the following question for determination by the Larger Bench :

“Whether a Cooperative Society filing a petition under Article 226 of the Constitution of India before this Court for redressal of common grievance of its members, is required to pay separate court fee qua each such member.”

In the office notice dated 9.12.2010, a reference is made to an order dated 6-9-2010 passed in Writ Petition No.825 of 2006 along with the connected matters, and it is notified that whenever a petition filed by the Association claiming reliefs in favour of its members, the petitioner/s should furnish the names of the members of the petitioner-Association or any registered or unregistered organization in the petition and to pay court fees qua each member of the Association.

2. In Writ Petition No.825 of 2006 along with the connected matters, the Division of this Court issued a direction on 6-9-2010 making a reference to the order dated 29-6-1976 passed in Special Civil Application No.1259 of 1975 (Govindrao Atmaramji Warjukar and another v. The State of Maharashtra, through the Secretary, Agriculture & Cooperative D






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