Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Bom) 356

BHARATI H.DANGRE
Liquidator For, Aamdar Balasaheb Thorat’, Nagari Sahakari Pat Sanstha Ltd. – Appellant
Versus
Yadav Dagadu Andhale – Respondent

Advocates:
Advocate Appeared:
For the Appellant :Shri. Amrutlal Z. Gandhi, Advocate
For the Respondent: Shri. K.N. Shermale, Shri. K. B. Jadhavar, Adv

Judgement Key Points

Key Points: - The judgment discusses Section 107 powers and the Registrar’s permission to continue proceedings against a winding-up society after a liquidator is appointed (!) (!) . - It analyzes whether the Divisional Joint Registrar’s order permitting continuation of the Darkhast is valid given delegation under Section 3 and Government notifications, concluding it is legal and valid (!) (!) (!) . - It holds that Gram Panchayat Milkat No. 9, 10, and 11 are the same property per a Dakhala, and thus the attachment remains valid for continuation of execution; writ petitions quashed in part (14796/2019) and order to proceed with execution upheld in light of the Court’s directions on 12.12.2018 (!) (!) (!) .

What is the scope of the Registrar’s power under Section 107 of the Maharashtra Cooperative Societies Act, 1960 in continuing darkhast proceedings after winding up and appointment of a liquidator?

What are the effects of delegated powers under Section 3 and related government notifications on the authority of Divisional Joint Registrar, Nashik Division, to permit continuation of Darkhast No. 102/2002?

What is the court’s ruling regarding whether Gram Panchayat Milkat Nos. 9, 10, and 11 refer to the same property for attachment and whether this permits continued execution or requires reversal to auction the attached property?

JUDGMENT :

1. The two writ petitions challenge two distinct orders but since the orders impugned arise out of the similar background, the petitions were heard together and being disposed off by this common judgment.

2. In writ petition no. 14178 of 2017, the liquidator of ‘Aamdar Balasaheb Thorat’ Nagari Sahakari Pat Sanstha Ltd., Ashwi, Tq. Sangamner, Dist. Ahmednagar (hereinafter referred to as ‘Pat Sanstha’) is the petitioner along with one Shri. Yadav Dagadu Andhale and Smt. Parvatabai Yadav Andhale as the respondent nos. 1 and 2. The Divisonal Joint Registrar of Cooperative Societies, Nashik Division, Nashik and the Secretary of the Co-operative Department, State of Maharashtra, Mumbai, are the other respondents. The said writ petition pose a challenge to the order passed by the Civil Judge Senior Division, Sangamner in Spl. Darkhast No. 102/2002, dated 29.04.2017 passed below Exh. 168 and the petitioner seek a relief to the effect that the application filed by the petitioner on 13.03.2015 on the ground that the power exercised by the Divisional Joint Registrar on 05.03.2013, thereby granting permission to continue the Darkhast by invoking power under Section 107 of the Maharash

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2022 Supreme(Bom) 356

BHARATI H.DANGRELiquidator For, Aamdar Balasaheb Thorat’, Nagari Sahakari Pat Sanstha Ltd. – AppellantVersusYadav Dagadu Andhale – Respondent

What is the scope of the Registrar’s power under Section 107 of the Maharashtra Cooperative Societies Act, 1960 in continuing darkhast proceedings after winding up and appointment of a liquidator?

What are the effects of delegated powers under Section 3 and related government notifications on the authority of Divisional Joint Registrar, Nashik Division, to permit continuation of Darkhast No. 102/2002?

What is the court’s ruling regarding whether Gram Panchayat Milkat Nos. 9, 10, and 11 refer to the same property for attachment and whether this permits continued execution or requires reversal to auction the attached property?

Cases Referred (1)

BHARATI H.DANGRE
Liquidator For, Aamdar Balasaheb Thorat’, Nagari Sahakari Pat Sanstha Ltd. – Appellant
Versus
Yadav Dagadu Andhale – Respondent