Back
Shri Kulswami Co-operative Credit Society Ltd. – Appellant
Versus
State of Maharashtra – Respondent
Judgment : (Per Manjusha Deshpande, J.) :-
1. The Petitioner- “Shri Kulswami Co-operative Credit Society Ltd.” is assailing the order dated 25th May 2022 passed by Respondent No. 2, under Section 81(3)(c) of the Maharashtra Co-operative Societies Act, 1960 (for short “MCS Act”) and the Rules made thereunder, appointing Respondent No. 4 as a ‘Test Auditor’, on the basis of the letter dated 11th April 2022, addressed by the “Bachav Committee” constituted by Respondent Nos. 5 to 9. The Petitioner is therefore invoking the powers of this Court vested in it, under Article 227 of the Constitution of India.
2. The brief facts leading to the passing of the impugned order are that, the Petitioner is a Co-operative Society registered on 7th March 1984, under the provisions of MCS Act. A new Managing Committee is formed in the year 2015, by replacing the Committee lead by Respondent No.5. Seven persons who are the ex-office bearers and ex-employees, addressed a communication to Respondent No. 2, and in furtherance thereto, an enquiry to inspect working of the Society under Section 89(A)(1) of the MCS Act was directed by order dated 8th September 2020. Upon receiving the enquiry repor
Primary Agricultural Cooperative Society vs State of Telangana - 2025 0 Supreme(Telangana) 722: The summary states that "An inspection order under the Telangana Cooperative Societies Act must be founded on justifiable grounds within the order itself, not influenced by external parties." The language reflects the court’s holding but contains no explicit indication of how later courts have treated the case (e.g., followed, distinguished, or questioned). Because the treatment is not mentioned, its status remains uncertain.
Sayajirao Narayan Takwane vs Divisional Joint Registrar, Co-operative Societies - 2025 0 Supreme(Bom) 176: The judgment notes that "Findings in re‑audit reports under the Maharashtra Co-operative Societies Act do not constitute a ‘decision’ or ‘order’ and are not subject to revision under Section 154." While the holding is clear, there is no reference to subsequent treatment, so the case’s status is uncertain.
T.s Natrajan Vs State Of Maharashtra - 2025 0 Supreme(Bom) 488: The court "upheld that a member requesting a re‑audit must bear the associated fees, affirming the society’s autonomy and the validity of the Circular limiting re‑audit to five years." The statement is a holding, but no mention of follow‑up treatment is present, making its status unclear.
Dangwaposi Lamps through its Chairman namely, Tiril Tiriya vs State of Jharkhand - 2025 0 Supreme(Jhk) 704: The decision states that "The Secretary of Agriculture, Animal Husbandry and Cooperative Department lacks jurisdiction to constitute a Special Audit Committee without a request from the Reserve Bank, as per the Jharkhand Cooperative Societies Act, 1935." Since the subsequent treatment of this holding is not documented, the case’s status is uncertain.
Nita Puri vs Union Of India - 2025 0 Supreme(Del) 457: The holding reads that "The formation of an opinion under Section 212(1)(c) of the Companies Act, 2013 must be demonstrably based on established circumstances, failing which the investigation order is invalid." There is no indication of later courts following, distinguishing, or overruling the decision; thus its status remains unclear.
Ramdas Yashwant Mandlik (Deceased) through Legal heirs Manoj Ramdas Mandlik vs B.Y. Pagare, Authorised officer and Assistant Registrar, Co-op. Societies - 2025 0 Supreme(Bom) 1710: The judgment states that "An expert director without voting rights cannot be held liable for damages under Section 88 of the Maharashtra Cooperative Societies Act due to lack of involvement in management decisions." No mention of subsequent treatment is given, so the case’s status is uncertain.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
