The court dismissed the writ petition as the revision was correctly rejected by the Revisional Authority for want of permission under Section 107 of the Co-operative Societies Act given the winding up and liquidation of the respondent society.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
SNS
1 wp no.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION
WRIT PETITION NO.2011 OF 2012
Sou. Shobha M. Mutha ...Petitioner. v/s. Shri B.D. Chougule & Ors. ..Respondents.
Mr. P.D.Dalvi for the petitioner.
Ms M.S.Bane AGP for the State.
CORAM : RANJIT MORE, J. DATED : 3rd April, 2012
P.C.:
Heard Mr. Dalvi the learned counsel for the petitioner.
2 By the impugned order, the Revisional Authority rejected the petitioner’s revision on the ground that the same is filed without taking permission under Section 107 of the Co-operative Societies Act. Admittedly, winding up order is passed and the liquidator is appointed on the respondent no.2/Bank. In these circumstances, provisions of section 107 are applicable and the Revisional Joint Registrar rightly rejected application of the petitioner. The impugned order does not require any interference.
3 Petition is accordingly dismissed . It is however, made clear that petitioner is at liberty to approach the Registrar for permission to file revision
SNS 2 wp no.
proceedings against the respondent no.2 and in the event of such permission is granted, she is entitled to file revision.
(RANJIT MORE, J.)
1 issue framed by the court
Whether the Revisional Authority acted correctly in rejecting the revision petition for lack of permission under Section 107 of the Co-operative Societies Act in view of the winding up of the society
1 provisions across 1 enactments
Shobha M. Mutha
Shri B.D. Chougule & Ors.
Ranjit More, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
