BOMBAY HIGH COURT - BENCH AT GOA
J. N. PATEL, J
Shri Krishnanath A. Prabhu Dessai – Appellant
Versus
State of Goa – Respondent
| Table of Content |
|---|
| 1. petitioner's membership and the obligation for timely liquidation. (Para 2 , 3) |
| 2. defendant's claims related to financial recovery and petitioner's alleged default. (Para 4 , 5) |
| 3. legal framework governing termination of winding up proceedings. (Para 7 , 8 , 9) |
ORAL JUDGMENT:
Heard learned counsel for the parties.
2. The petitioner is a member of “Sanjivani Bagayatdar Sahakari- Saunstha” a Society registered under the Maharashtra Co-operative Societies Act, 1960 (as applicable to the then Union Territories of Goa, Daman and Diu). It is the case of the petitioner that respondent No.3 had passed an interim order dated 24th March, 1994 under Section 102 (1)(a) (iv) of Maharashtra Co-operative Societies Act read with Rule 84 of the Maharashtra Cooperative Society Rules, 1962 for winding up of the said Society and further calling upon the Society as to why its affairs should not be wound up. In response to the show cause notice the Chairman of the said Society filed its objections but respondent No.3 by its Order dated 28th April, 1994 passed under Section 102 (2) of the said Act, confirmed the interim order dated 24th March, 1994 and appointed Respondent No.4 as Liqui
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