Allowed

Diliprao Shankarrao Thete and Ors. v. the District Deputy Registrar, Co-Operative Societies and Ors.

Bombay HC28 Jul 2017WP/6344/2017

Case brief

AI extract

What is this about?

High Court of Bombay Civil Writ Petitions sought to quash a show cause notice against Co-operative Board Directors citing political rivalry. The court refused to quash but directed that orders passed during subsequent proceedings remain non- enforceable for 15 days to ensure fair play.

What did the court decide?

Petitioners directed to participate in proceedings; adverse orders shall not be given effect for a period of 15 days.

Diliprao Shankarrao Thete and Ors. Vs the District… — Writ and Judicial Review | Bombay HC (2017)

¶1

rsk

¶2

1903-WP-6344-17.doc

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

WRIT PETITION NO.6344 OF 2017

¶5

Diliprao Shankarrao Thete & Ors. ..Petitioners Vs. The District Deputy Registrar Co-operative Societies & Ors. ..Respondents

¶6

..Respondents

¶7

WITH WRIT PETITION NO.8643 OF 2017

¶8

Shivajirao Pandurang Chumbale & Ors. ..Petitioners Vs.

¶9

The District Deputy Registrar Co-operative Societies & Ors. ..Respondents

¶10

Mr. Kishor S. Patil for the Petitioners in Writ Petition No.6344/2017. Mr. Aarti Bhide for the Petitioners in Writ Petition No.8643/2017. Mr. C.P.Yadav, AGP for the Respondent No.1 . Mr. Pratik B. Rahade for the Respondent No.3.

¶11

CORAM: B. R. GAVAI AND RIYAZ I. CHAGLA, JJ.

¶12

DATE: 28^th JULY 2017

¶13

P.C.:

¶14

. Rule. Rule is made returnable forthwith. Learned AGP waives service of notice for Respondent No.1 and learned counsel waives service of notice for Respondent No.3. By consent of parties, petition is taken up for final hearing.

¶15

The Petitioner in the present petition is challenging the show cause notice dated 3/6/2017 for superseding the Board of Directors of Respondent No.3.

¶16

rsk

¶17

2903-WP-6344-17.doc

¶18

Mr. Patil, learned counsel for the Petitioners submits that the show cause notice dated 3/6/2017 is because of political rivalry with the Petitioners and therefore, the proceedings are liable to be quashed.

¶19

Since the issue arises only out of issuance of show cause notice, we are not inclined to deal with the correctness of the said proceedings.

¶20

We find that the interest of justice would be served if the Petitioners are directed to face the proceedings before the Respondent No.1 and some protection is granted to the Petitioners, in the event any order passed in the proceedings is adverse to the interest of the Petitioners.

¶21

It is therefore directed that the Petitioners shall participate in the proceedings before the Respondent No.1. However, in the event an order passed in the proceedings is adverse to the interest of the Petitioners, the same shall not be given effect for a period of 15 days from the date of receipt of the said order by the Petitioners.

¶22

Rule made absolute in terms of prayer clause (b) with no order as to costs.

¶23

(RIYAZ I. CHAGLA, J.) (B. R. GAVAI, J.)

Diliprao Shankarrao Thete and Ors. v. the District Deputy Registrar, Co-Operative Societies and Ors.

Case brief

What is this about?

What did the court decide?

Diliprao Shankarrao Thete and Ors. v. the District Deputy Registrar, Co-Operative Societies and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ms. Azmi Rabia Abdul Mannan Shikshan Sevak in Anjuman Riyazul Islam High School Vs Ghazi Mohammed Irfan and 8 Ors.

Members of Diamond Isle III Chs Ltd. Vs Signatories of Managing Committee and Exe. and 1 Ors.

Dr. Sanjay Balkrishna Nandedkar Vs the State of Maharashtra through Additional Principal Secretary and Ors.

Hetal Samir Mehta Vs Samir Rajinkant Mehta

Shri. Dattatray Raghunath Menkudale Vs Sangli Agriculture Produce Market Committee, Sangli and Ors.

Ideal Foundation'S Ideal Institute of Architecture , through Its Principal . Registrar ) Vs the Secretary, Technical and Higher Edcuation , State of Maharashtra and Ors.