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2023 Supreme(Bom) 571

N. J. JAMADAR
Adhyatma Bandhu Gupta – Appellant
Versus
Division Joint Registrar, Co-Operative Societies – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Shivanand A. Mishra
For the Respondent: Mr. C.D. Mali, AGP, Ms. Rujuta Patil and Hasan Mushabber i/b Negandhi Shah and Himayatullah

JUDGMENT :

1. Rule. Rule made returnable forthwith and with the consent of the learned Counsel for the parties heard finally.

2. The challenge in this Petition is to the judgment and order dated 9th July, 2014, passed by The Divisional Joint Registrar, Co-operative Societies, Mumbai, in Revision Application No.61 of 2014, whereby the application preferred by the petitioners came to be dismissed by affirming an order dated 31st January, 2014, passed by the Deputy Registrar Co-operative Societies, removing the petitioners from the post of Chairman and Secretary of Hatkesh Co-operative Housing Society Ltd. respondent No. 4 and disqualifying them from being elected and becoming an officer or member of the committee for a term of five years, under Section 75 (5) of the Maharashtra Co-operative Societies Act, 1960 (“the Act, 1960”), for having committed default in holding the Annual General Meeting (AGM) of the respondent No. 4 - Society for the year 2012-2013.

3. Shorn of unnecessary details, the background facts can be stated as under:-

    (a) Hatkesh Co-operative Housing Society Ltd – respondent No. 4, is a Society registered under the Act, 1960. The petitioner No. 1 was elected as the Chair

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