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2023 Supreme(Bom) 1674

ARUN R. PEDNEKER
Mateshwari Agro Chemicals, Through its Partner, Shri. Prashant, s/o. Panditrao Pande – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioner: Mr. V.D. Sapkal, Sr. Adv. i/b. Mr. S.T. Chilikwar.
For the Respondents: Mr. K.N. Lokhande, AGP, Mr. V.D. Salunke, Adv. holding for Mr. Nitin Jagadale.

JUDGMENT :

1. By the present Writ Petition, the petitioner is challenging the order dated 24.05.2022 passed by the Hon’ble Minister of Co-operation and Marketing Department, setting aside the order dated 18.10.2021 passed by the Divisional Joint Registrar of Co-operative Societies directing winding up of the respondent no. 5 society and appointment of Liquidator and consequent letter dated 04.12.2021 of the Liquidator addressed to the respondent no. 5 society for handing over the charge of the society.

Brief facts leading to filing the present Writ Petition can be summarized as under:

2. The respondent no. 5, Sharad Sahakari Misra Khat Karkhana [for short ‘said society’] is registered under the provisions of the Maharashtra Co-operative Societies Act in the year 1995-96. The said society is incorporated to provide quality fertilizers to it’s members. The said society received Rs.13 lacs on 31.03.1998 and Rs.10 lacs on 31.03.1999 totaling to Rs.23 lacs as share capital for erecting a fertilizer factory, from the State of Maharashtra. In the year 2003, the respondent no.5 – co-operative society received permission for production of N.P.K. mixed fertilizer on special consideration. Howev

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