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GAURI GODSE
Degaon Backward Class Co-operative Housing Society Ltd. – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
GAURI GODSE, J.
1. Rule made returnable forthwith. Learned AGP waives service for respondent nos. 1 to 3.
2. Heard learned counsel for the petitioner and learned AGP for respondent nos. 1 to 3. Respondent no. 4 is the Liquidator. Office remark indicates that respondent no. 4 is served, however, none appears for respondent no. 4. Considering the controversy involved in the petitions, the petitions are taken up for final disposal forthwith.
3. Learned counsel for the petitioner submits that Writ Petition No. 869 of 2023 arises out dismissal of a revision application filed to challenge the interim order of liquidation dated 21st October 2015. He submits that Writ Petition No. 868 of 2023 arises out of dismissal of the revision application filed by the petitioner-society challenging the purported final order of liquidation dated 15th December 2015. Learned counsel for the petitioner submitted that final proceedings of liquidation were never conducted and the petitioner was never served with final order dated 15th December 2015. However, since the petitioner-society was informed that final liquidation order was passed on 15th December 2015, the petitioner had made necessary appli
Liquidation orders must adhere to principles of natural justice, requiring an opportunity for hearing before adverse decisions are made.
An interim liquidation order under the Maharashtra Cooperative Societies Act is ineffective unless properly communicated, ensuring the rights of the cooperative society are protected.
The government must adhere to prior judicial directions and established legal procedures in liquidation matters, as ignoring them undermines judicial authority.
The impugned order must consider the submissions and address the charges against the party, and it should not rely on presumptive grounds. Fair treatment and adherence to constitutional rights are es....
No person can suffer from act of court and in case an interim order has been passed and petitioner takes advantage thereof and ultimately the petition is found to be without any merit and is dismisse....
The court ruled that the assignment of a loan from a bank to a third party was unlawful under RBI Directives, as it violated regulations governing eligible transferees, impacting the rights of the or....
The main legal point established in the judgment is that a petitioner must have a legal right and locus standi to challenge an order under the statutory provisions, and a mere interest in the outcome....
The court ruled that a compromise allowing a private entity to assume a loan account of a corporate debtor was unlawful under RBI Directives, which prohibit such transfers to ineligible transferees.
A dissolved entity cannot maintain a suit as per the Insolvency and Bankruptcy Code, rendering any orders passed by a court lacking jurisdiction illegal.
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