The High Court dismissed an appellant's petition. Noting prima facie non-compliance with Section 49 of the Maharashtra Cooperative Societies Act, 1960, it directed the Industrial Court to decide a pending complaint within six months and disposed of the current legal proceeding as A and B 9 are directed t
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201lpa159.10
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
LPA NO. 159/2010 IN WRIT PETITION NO. 1984 OF 2009
(Yavatmal Zilla Parishad Karmachari Sahakari Pat Sanstha Maryadit vs. Shaikh Rashid Sk. Hamid & Ors.)
Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.
CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. JANUARY 20, 2012.
Heard Shri Tambde, learned counsel for the
appellant.
It is apparent that Section 49(1) and (2) of Maharashtra Cooperative Societies Act, 1960, are not shown to have been complied with prima facie and hence no exception can be taken to rejection of appellant's petition by the learned Single Judge.
However, Shri Tambde, learned counsel is relying on a loan application form and necessary undertaking submitted by borrower member at that time.
The ULP Complaint in which the stay of recovery of loan is operating is filed in the year 2008. In this situation, we direct the Industrial Court, Yavatmal, to decide ULP Complaint No. 37 of 2008 within a period of six months from today.
With these directions, we dispose of the
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201lpa159.10
present LPA with no order as to costs.
Needless to mention that the lower Court will not be influenced by any observations made by the learned Single Judge or by this Court and will act according to the provisions of Section 49 of the Maharashtra Cooperative Societies Act read with relevant rules.
JUDGE JUDGE
*GS.
2 issues framed by the court
Whether relief can be granted without compliance of Section 49(1) and (2) of the Maharashtra Cooperative Societies Act, 1960.
Whether the Industrial Court should decide the pending ULP Complaint within a specific time limit.
1 provisions across 1 enactments
Yavatmal Zilla Parishad Karmachari Sahakari Pat Sanstha Maryadit
Shaikh Rashid Sk. Hamid & Ors.
B.P. DHARMADHIKARI
P.D. KODE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
