Dismissed

Vidharbha Processing and Marketing Cooperative Society, through Manager, Shri Babarao Daryaji Lothe v. the Collector, Washim

Bombay HC16 Jan 2020WP/7732/2019

Case brief

AI extract

What is this about?

The court dismissed a writ petition for allotment of purchase centers after the respondent revealed that the petitioner suppressed material facts regarding registered FIRs against its office bearers involving misappropriation.

What did the court decide?

The writ petition is dismissed with no orders as to costs.

What the court decided

Vidharbha Processing and Marketing Cooperative Society… — Property and Title | Bombay HC (2020)

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WP7732.19

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

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WRIT PETITION No.7732/2019

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Vidarbha Processing and Marketing Co-operative Society

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Vs.

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The Collector, Washim and others.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court’s or Judge’s Orders
or directions and Registrar’s orders.

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Shri Amol Deshpande, Advocate for petitioner.

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Mrs. A.R.Kulkarni, Asstt. Govt. Pleader for respondent nos. 1, 2
and 4.

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Shri P.D.Meghe, Advocate for respondent no.3.

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Shri S.D.Chande, Advocate, Shri R.Kadu, Advocate for
respondent no.5.

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CORAM: R.K.DESHPANDE and
 A.S.CHANDURKAR, JJ.

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DATE: 16.01.2020

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It was an obligation on the part of the
petitioner to state the offences, if any, registered against it
in the application dated 19.08.2019 for allotment of
purchase centers.

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In response to this petition claiming allotment
of purchase centers, a stand is taken in paragraph 6 by the
respondent no.3 which is reproduced as under :

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“6. It will not be out of place to mention here
that the petitioner society while submitting the
application suppressed the fact about
registration of F.I.R. dated 26.09.2003 against its
office bearers u/s 409, 420, 467, 468 and 471 of
I.P.C. as they were involved in misappropriation
of an amount of Rs.16,32,929/- as per auditor’s
report of Co-operative Societies, Washim and in
earlier proceeding in writ petition no. 7355/
2019, when same was pointed out by the
respondent no.5, there was no denial by the
petitioner in this regard. Thus petitioner society
was not entitled for starting purchase centers in
view of 3 FIRs registered against it. However,

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WP7732.19

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due to orders passed by this Hon’ble Court on
17.10.2018, the case of allotment of purchase
centre was considered ignoring pendency of
FIRs, as such centre at Risod was allotted to
petitioner-society in year 2018-19 and current
year also.”

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The learned counsel for the petitioner does not
dispute the contents of the paragraph 6. We therefore find
that the offences were registered and subsisting as on
19.08.2019 and the details of which were not mentioned in
the application dated 19.08.2019 for allotment of purchase
centers. There was a suppression of material fact in the
petition. We therefore do not see any reason to entertain
this petition. The writ petition is dismissed with no orders
as to costs.

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 JUDGE JUDGE

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Andurkar..

Vidharbha Processing and Marketing Cooperative Society, through Manager, Shri Babarao Daryaji Lothe v. the Collector, Washim

Case brief

What is this about?

What did the court decide?

What the court decided

Vidharbha Processing and Marketing Cooperative Society, through Manager, Shri Babarao Daryaji Lothe v. the Collector, Washim

Case brief

What is this about?

What did the court decide?

What the court decided

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