Disposed

The Zodiac Park Co-Op. Housing Society Ltd., Thr. Secretary, Hari Mohan Jha., v. the Assistant Registrar of Co-Operative Societies, Mapusa and Anr.

Bombay HC2 Feb 2019WP/789/2018

Case brief

AI extract

What is this about?

Petitioner challenged an order disqualifying board members. Court granted liberty to file detailed representation, directed Assistant Registrar to treat petition as representation, provide hearing, and dispose expeditiously within three months without examining merits.

What did the court decide?

Liberty granted to file detailed representation; petition treated as representation; direction to give hearing and dispose within three months.

The Zodiac Park Co-Op. Housing Society Ltd., Thr… — Cooperative Societies | Bombay HC (2019)

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mukund

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 1 wp- 789.2018

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO.789 OF 2018

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The Zodiac Park Co-op. Housing Society Ltd. …Petitioner

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 Versus

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The Assistant Registrar of Cooperative Societies
and another.….Respondents

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Ms. Asha Desai, Advocate for the Petitioner.

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Mr. Amogh Prabhudessai, Additional Government Advocate for
Respondent Nos.1 & 2.

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Coram : M.S. Sonak & Prithviraj K. Chavan, JJ.

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Date : 2 February 2019.

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P.C. :

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Heard Ms. Asha Desai, learned counsel for the petitioner
and Mr. Amogh Prabhudessai, learned Additional Government
Advocate for respondent nos.1 and 2.

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2.The challenge in this petition is to the order dated
12.12.2017 by which, the Assistant Registrar of Cooperative Societies
has declared that all the members of existing Board of the Zodiac Park
Cooperative Housing Society Ltd., Alto-Porvorim, Bardez-Goa, are

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disqualified for being chosen as the Directors of the Board of the said
Society for a period of five years from the date of issue of this order
and has further rendered these members ineligible to continue as
Directors of the Society.

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3.After this matter was argued for some time, Ms. Desai,
learned counsel, submits that the petitioners, without prejudice to
their rights and contentions, there were no lapses, have now, complied
with all the requirements, as were pointed out to them in relation to
the affairs of the Society. She, therefore, submits that the Assistant
Registrar of Cooperative Societies, may be directed to consider not
only the present petition as representation but, the petitioner may be
permitted to file an additional representation along with additional
documents and even the same may be considered as a representation
for recall/revocation of the order dated 12.12.2017. She points out
that against the order dated 12.12.2017, there is no statutory appeal
provided.

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4. Mr. Prabhudessai, learned Additional Government Advocate,
on the basis of the instructions from Mr. Harish S. Naik, Cooperative
Officer, states that there can be no difficulty for accepting the
suggestions made by Ms. Asha Desai. He. However, submits that the

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Assistant Registrar, Cooperative Societies, on considering the
representations as aforesaid, may be permitted to make order on their
own merits and in accordance with law.

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5.Accordingly, we grant liberty to the petitioner to file
detailed representation along with additional documents to the
Assistant Registrar, Cooperative Societies, who has made impugned
order dated 12.12.2017. We also direct the Assistant Registrar,
Cooperative Societies, to treat this petition as representation.
Thereafter, we direct the Assistant Registrar of Cooperative Societies to
give hearing to all the concerned parties and thereafter dispose of the
representations as aforesaid, on their own merits and in accordance
with law as expeditiously as possible and, in any case, within a period
of three months from today. The decision be communicated to all the
concerned.

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6.We make it clear that we have not examined the merits of
the matter and, therefore, all the contentions of the parties are left
open to be examined by the Assistant Registrar of Cooperative
Societies, North Zone, Mapusa-Goa.

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7.The petition is disposed of in the aforesaid terms. There
shall be no order as to costs.

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8. All concerned to act on the basis of an authenticated copy

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of this order.

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Prithviraj K. Chavan, J. M.S.Sonak, J.

The Zodiac Park Co-Op. Housing Society Ltd., Thr. Secretary, Hari Mohan Jha., v. the Assistant Registrar of Co-Operative Societies, Mapusa and Anr.

Case brief

What is this about?

What did the court decide?

The Zodiac Park Co-Op. Housing Society Ltd., Thr. Secretary, Hari Mohan Jha., v. the Assistant Registrar of Co-Operative Societies, Mapusa and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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