Writ petition regarding a cooperative society was disposed of as petitioners had an alternative remedy under the MCS Act for grievances concerning the bond and administration. Temporary coercive action was stayed for eight weeks.
Directing respondents not to take coercive action for eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 844 OF 2009 WITH NOTICE OF MOTION NO. 408 OF 2009 IN WRIT PETITION NO. 844 OF 2009
Mr. Laxman Venkatesan and Anr.
... Petitioners
Versus
Dy. Registrar of Coop. Societies and Ors.
... Respondents
Petitioner No. 1 in person present.
Mr. Amit Kapse for R. No. 2.
CORAM : F.I. REBELLO & J.H. BHATIA, JJ. DATED : JANUARY 06, 2010
P.C.
We have heard the Petitioners who appears in person.
The main grievance of the Petitioner earlier was that the Managing Committee which was elected had not furnished the bond as required after being elected. The second major grievance was that there was malfunctioning in the running of the society by the Managing Committee and as such an inquiry should be ordered and Administrator should be appointed. In so far as first issue is concerned, a subsequent general body meeting was held in which the Managing Committee was re-elected and they have subsequently furnished the bond. In so far as issue pertaining to mis-utilization etc. and or non functioning within the rules, an inquiry was conducted under the provisions of the M.C.S. Act and report is submitted. Based on that report, the authorities under the MCS Act did not think it fit to appoint
Administrator for the society.
The contention of the Petitioner is that the amount which has been directed to be paid was pursuant to an order under Section 101 which could not have been made by the society as the office bearers had not complied with the requirement of furnishing the bond. That cannot be the subject matter of this petition. If the Petitioner is aggrieved by the order passed under Section 101, under the M.C.S. Act, the Petitioner can pursue the remedy available. Considering the above, we are not inclined to interfere in our extra ordinary jurisdiction. Hence, petition disposed of.
We make it clear that disposal of this petition will not stand in the way of Petitioner pursuing legal remedies that he may have against the order passed under Section 101 of the M.C.S. Act.
Considering the amount deposited by the Petitioner before this court and the Respondents are directed not to take coercive action for a period of eight weeks from today. The amount deposited in this court will be taken into consideration by the Revisional authority while hearing the application for stay if preferred by the petitioner.
(J.H. BHATIA, J.)
Laxman Venkatesan
Dy. Registrar of Coop. Societies
F.I. Rebello
J.H. Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
