Allowed

Suresh Dagdoba Raskar v. Shri Balasaheb Satbhai Merchants Co. Op Bank Ltd. Kopargaon through Liquidator

Bombay HC12 Oct 2012WP/7450/2010

Case brief

AI extract

What is this about?

This judgment quashed orders where the District Deputy Registrar rejected applications for leave to continue proceedings against a co-operative society under liquidation under section 107 of the Maharashtra Co-operative Societies Act, holding refusal to grant leave was illegal as it is a formality.

What did the court decide?

Impugned orders quashed and set aside; applications deemed allowed; no order as to costs.

Suresh Dagdoba Raskar Vs Shri Balasaheb Satbhai… — Cooperative Societies | Bombay HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 7450 OF 2010

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Suresh s/o Dagadoba Raskar age 62 years, occ. agril. r/o Shop No. 4, Jadhav Building Near Ambedkar Statue Dharangaon Road Kopargaon, Dist. Ahmednagar. .. PETITIONER

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VERSUS

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Shri Balasaheb Satbhai Merchants Co-op Bank ltd. Kopargaon ( Earlier the Kopargaon Taluka Merchants Co-op Bank Ltd. Kopargaon ) Through Liquidator Kopargaon, Dist. Ahmednagar.

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District Deputy Registrar Co-operative Societies Ahmednagar. .. RESPONDENTS

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Mr. K.N. Lokhande, advocate for petitioner. Mr. N.R. Bhavar, advocate for respondent no. 1.

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WITH

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WRIT PETITION NO. 7452 OF 2010

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Rambhau s/o Damodhar Ingale age 49 years, occ. business r/o at post Rahata, Tq. Rahata Dist. Ahmednagar. .. PETITIONER

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VERSUS

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Shri Balasaheb Satbhai Merchants Co-op Bank ltd. Kopargaon ( Earlier the Kopargaon Taluka Merchants Co-op Bank Ltd. Kopargaon ) Through Liquidator Kopargaon, Dist. Ahmednagar.

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District Deputy Registrar Co-operative Societies Ahmednagar. .. RESPONDENTS

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Mr. K.N. Lokhande, advocate for petitioner. Mr. N.R. Bhavar, advocate for respondent no. 1.

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=====

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CORAM : R.M. BORDE, J. DATE : 12^th OCTOBER, 2012.

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ORAL JUDGMENT :

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Heard.

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Rule. Rule made returnable forthwith. With the consent of the parties,

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both the petitions are taken up for final disposal at admission stage.

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Petitioners are challenging orders passed by the District Deputy Registrar Co-operative Societies, Ahmednagar whereby applications tendered by petitioners seeking permission of the District Deputy Registrar under section 107 of the Maharashtra Co-operative Societies Act for continuing proceedings against respondent no. 1 / society came to be rejected.

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It is not disputed that respondent no. 1 / society is under liquidation and liquidator is appointed to carry out functions of liquidation of society.

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Petitioners who are members of society have presented disputed against the society and as such sought permission as required under section 107 of the Maharashtra Co-operative Societies Act. The District Deputy Registrar, on consideration of merits of the controversy, has turned down the applications.

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Perused the order passed by the District Deputy Registrar. It is not open for the District Deputy Registrar to consider merits of contentions of petitioners or liquidator. The District Deputy Registrar, while considering application under section 107 of the Maharashtra Co-operative Societies Act, cannot consider merits of contentions of plaintiff or applicant. Once the application is tendered under section 107 of the Act on considering the requirements laid down under the relevant provision, there is no option left with the District Deputy Registrar than to accord permission. In my opinion, the District Deputy Registrar has committed illegality in turning down the applications. On consideration of provisions of section 107 of the Act, it is manifest that whenever liquidator is appointed a leave has to be sought from the Registrar for initiating or continuing any proceeding against such society or the liquidator and the Registrar shall grant leave subject to such conditions or terms as he may impose. It is not open for the District Deputy Registrar to refuse to grant leave. Considering merits of contentions of the parties, as has been laid down in several judgments delivered by this Court, grant of leave by the District Deputy

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Registrar is merely a matter of formality. Impugned orders passed by the District Deputy Registrar therefore deserve to be quashed and set aside and same are accordingly quashed and set aside and applications tendered by petitioners seeking leave for continuing proceeding shall be deemed to have been allowed. Rule is accordingly made absolute. In the facts and circumstances of the case, there shall be no order as to costs.

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Pending civil application, if any, does not survive and stands disposed

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of.

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dyb

Suresh Dagdoba Raskar v. Shri Balasaheb Satbhai Merchants Co. Op Bank Ltd. Kopargaon through Liquidator

Case brief

What is this about?

What did the court decide?

Suresh Dagdoba Raskar v. Shri Balasaheb Satbhai Merchants Co. Op Bank Ltd. Kopargaon through Liquidator

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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