Disposed

Anup Lalwani and 2 Ors. v. Emgee Greens Co-Operative Housing Society Ltd. and 3 Ors.

Bombay HC25 Feb 2020WP/496/2020

Case brief

AI extract

What is this about?

In a writ petition challenging an inquiry order under the Maharashtra Cooperative Societies Act, the Court held petitioners can present their defence under Sections 83 or 88 of the Act and permitted additional time for written submissions before the inquiry.

What did the court decide?

Direction to Inquiry Officer to give two more weeks' time to petitioners for submitting written submissions.

Anup Lalwani and 2 Ors. Vs Emgee Greens Co-Operative Housing Society Ltd. and 3 Ors. — Bombay HC (2020) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION NO. 496 OF 2020

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Anup Lalwani & Ors.

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...Petitioners

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vs.

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Emgee Greens Co-op.Housing Society Ltd. & Ors....Respondents

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Mr.Vishal Kanade i/b. Alok D. Mishra for Petitioners.
Mr.Brijesh Upadhyay i/b. Jash B. Vyas for Respondent No.1.
Mr.S.B. Gore, AGP for Respondent Nos.2 to 4.

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CORAM : S.C. GUPTE, J.

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DATE : 25 FEBRUARY 2020

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P.C. :

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Heard learned Counsel for the parties.

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2After the matter is heard at some length, it is agreed between
learned Counsel that the petition may be disposed of in the following
terms. It is, accordingly, ordered as follows :

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(I)The Petitioners shall be within their rights to
present their defence in the proposed inquiry either under
Section 83 or under Section 88 of Maharashtra Co-
operative Societies Act, 1960 or, alternatively, challenge
the impugned order of Assistant Registrar of Co-operative
Societies either in revision or in appeal, as the case may
be. All rights and contentions of the parties on merits in
that behalf are kept open.

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Digitally signed Sanskruti by Sanskruti A. A. ThakurDate: Thakur 2020.02.27 02:13:29 +0530

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(II)The Inquiry Officer, appointed under the impugned
order, is directed to give two more weeks’ time to the
Petitioners with effect from 28 February 2020, which is the
scheduled date of inquiry for submitting their written
submissions. The Petitioners are at liberty to submit such
written submissions without prejudice to the other
remedies that they may have against the impugned order.

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(III) The petition is disposed of accordingly.

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 (S.C. GUPTE, J.)

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Anup Lalwani and 2 Ors. v. Emgee Greens Co-Operative Housing Society Ltd. and 3 Ors.

Case brief

What is this about?

What did the court decide?

Anup Lalwani and 2 Ors. v. Emgee Greens Co-Operative Housing Society Ltd. and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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