Dismissed

Anusaya B. Amritsagar and Ors. v. Divisional Joint Registrar, Co-Op. Societies Mumbai Division, Mumbai and Ors.

Bombay HC10 Apr 2012WP/3264/2012

Case brief

AI extract

What is this about?

Petitioner challenged an order under Section 152 MCS Act appointing an administrator via writ petition. Court held alternate statutory remedy under Section 154 MCS Act was available and exhausted, refusing interference.

What did the court decide?

Directed State Government to dispose of revision within four weeks with stay on AGM decisions pending outcome.

Anusaya B. Amritsagar and Ors. Vs Divisional Joint… — Company and Corporate | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION

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WRIT PETITION NO.3264 OF 2012

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Anusaya B. Amritsagar & Ors.

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...Petitioners.

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v/s.

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Divisional Joint Registrar, Co-op. Societies

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Mumbai Division, Mumbai & Ors.

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.....Respondents.

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Mr. Uday Warunjikar for the petitioners. Mr. P.I.Khemani, AGP for the State. Mr. Tejesh Dande for the R. Nos.6 to 10.

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CORAM : RANJIT MORE, J.

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DATED : April 10 , 2012.

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P.C.:

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Heard the learned counsel appearing for the respective parties. 2 Petitioners in the above writ petition filed under Article 227 of the Constitution of India, has impugned the order dated 22.3.2012 passed by the Divisional Joint Registrar in the Appeal No.11 of 2012 under Section 152 of the Maharashtra Co-operative Societies Act, 1960. Admittedly, petitioners have remedy of revision under Section 154 of the M.C.S.Act, 1960 before the State Government against the said order. The petitioners have also approached the State Government by filing revision application alongwith application for stay which is annexed at Ex.’S’. The subject matter of the appeal is an order under Section 78(1) of the M.C.S. Act, 1960 by which the Deputy Registrar appointed an administrator on the

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respondent/society. This appeal is allowed by the Divisional Joint Registrar by passing order impugned in petition. Since the alternate efficacious remedy is available to the petitioners and petitioners already having availed of the same , I am not inclined to interfere in this petition. Interest of the justice will be served by directing Revisional Authority to dispose off the petitioner’s revision expeditiously . Petition is accordingly disposed off by passing the following order .

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(i) State Government is directed to hear and dispose off the petitioner’s revision alongwith stay application copy of which is annexed at Exh.‘S’ as expeditiously as possible and in any case, within a period of four weeks from the date of receipt of the said order.

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(ii) Mr. Warunjikar at this stage, makes a grievance that the Annual General Meeting of the Respondent/Society is scheduled to be held on 14.4.2012. He apprehends that in this Annual General Meeting , the society will decide re-development issue. He states that if the society decides the said issue, revision will become infructuous. The petitioners can challenge the resolution before the appropriate forum. In the interest of justice, however, it is directed that the decision taken in the Annual General Meeting scheduled to be held on 14.4.2012 shall be subject to the outcome of the revision filed by the petitioners before the State Government.

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Parties shall act on a copy authenticated by the Personal Secretary.

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(RANJIT MORE, J.)

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Anusaya B. Amritsagar and Ors. v. Divisional Joint Registrar, Co-Op. Societies Mumbai Division, Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

Anusaya B. Amritsagar and Ors. v. Divisional Joint Registrar, Co-Op. Societies Mumbai Division, Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

Coram

Case details

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