SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Bom) 541

B. P. DESHPANDE
Vidhi – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Nitin Bhishikar, Advocate, A.V.Palshikar, Advocate, R.K.Thakkar, Advocate

JUDGMENT/ORDER

1. Heard.

2. Rule. Rule is made returnable forthwith.

3. Heard finally with the consent of the learned counsels for the respective parties.

4. Both these matters are filed challenging the order passed by the Assistant Registrar, Co-operative Societies, Umrer Taluka against the petitioner thereby issuing the recovery certificate under Sec. 101 of the Maharashtra Co-operative Societies Act, 1960.

5. The learned counsel for the petitioner would submit that first of all no procedure has been followed as provided under Rule 86A to 86F and that no case is registered on an application filed by respondent No.2. He submits that though notice was issued to the petitioner to appear on 15/9/2023, the concerned Assistant Registrar, Umrer was himself absent. No opportunity was given to the petitioner to file any reply or contest the said proceedings. He submits that the impugned order is passed mechanically and without application of mind and more specifically such order nowhere show a case number, the date of order or the person who appeared before him on the day when the matter was fixed.

6. Learned AGP would submit that the instructions are awaiting and therefore, the matter cou

      Click Here to Read the rest of this document
      1
      2
      3
      4
      5
      6
      7
      8
      9
      10
      11
      SupremeToday Portrait Ad
      supreme today icon
      logo-black

      An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

      Please visit our Training & Support
      Center or Contact Us for assistance

      qr

      Scan Me!

      India’s Legal research and Law Firm App, Download now!

      For Daily Legal Updates, Join us on :

      whatsapp-icon telegram-icon
      whatsapp-icon Back to top