Disposed

Shri. Samadhan Uttreshwar Mane (Chairman Bhima Chandrabhaga Matsya Vyavsayik Sah. Sans. Mdt.) v. the Commissioner Cum Registrar (Fishery) State of Maharashtra Matsalaya and Ors.

Bombay HC1 Mar 2024WP/3501/2021

Case brief

AI extract

What is this about?

Petition concerning a cooperative society dispute was not adjudicated on merits. Respondent No.4 withdrew its pending appeal with liberty to challenge the 2016 Assistant Registrar order before the Cooperative Court; the appellate and revisional orders were quashed as infructuous.

What did the court decide?

Leave granted to withdraw Appeal No.11 of 2020 with liberty to file fresh proceedings; orders dated 19-10-2020 and 31-12-2020 quashed as infructuous; contentions on merits kept open.

Shri. Samadhan Uttreshwar Mane (Chairman Bhima… — Cooperative Societies | Bombay HC (2024)

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VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2024.03.06 15:27:45 +0530

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86-wp-3501-2021.doc

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varsha

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3501 OF 2021

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Shri Samadhan Uttreshwar Mane (Chairman … Petitioner Bhima Chandrabhag Matsya Vyavsayik Sahakari Sanstha Maryadit)

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vs.

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The Commissioner Cum Registrar (Fishery) … Respondents State of Maharashtra Matsalaya and Ors

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Mr. Mateen Shaikh a/w. Ms. Muskan Shaikh, for Petitioner.

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Mr. Vishwasrao S. Deokar, for Respondent No.4. Mr. P.G. Sawant, AGP for the State.

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CORAM : GAURI GODSE, J. DATED : 1^st MARCH, 2024

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P.C. :-

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This petition was substantially heard by me. However, learned counsel for the petitioner submits that in view of the legal position as laid down in the decision of this Court in case of Wadala Shri Ram Industrial Premises Co-operative Society Limited Vs Kotecha & Company and Ors¹ , learned counsel for respondent no.4, seeks leave to withdraw the Appeal No. 11 of 2020, filed before the Deputy Registrar, Cooperative Societies(Fisheries), Maharashtra State,

1 2001 (4) Mh. L.J.

Page no. 1 of 3

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Mumbai with liberty to challenge order dated 28^th January 2016 passed by the Assistant Registrar, Cooperative Societies (Milk), Solapur, by filing Dispute before the Cooperative Court.

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In view of the leave prayed on behalf of respondent no.4, no further adjudication is required in the petition. Hence, following order is passed.

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I) Respondent no.4 is granted leave to withdraw the Appeal No. 11 of 2020, filed before the Deputy Registrar, Cooperative Societies(Fisheries), Maharashtra State, Mumbai with liberty to file an appropriate proceedings as permissible in law for challenging order dated 28^th January 2016, passed by the Assistant Registrar, Cooperative Societies(Milk), Solapur.

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II) If appropriate proceedings are initiated within a period of six weeks from today, respondent no.6 will be entitled to seek benefit of the period of pendency of Appeal No. 11 of 2020 and this petition, for seeking condonation of delay in filing appropriate proceedings.

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III) In view of the aforesaid order dated 19^th October 2020,

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passed by the Deputy Registrar, Cooperative

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Page no. 2 of 3

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Societies(Fisheries), Maharashtra State, in Appeal No. 11 of 2020, is quashed and set aside. Consequently, the order dated 31^st December 2020, passed by the Commissioner of Fisheries, Maharashtra State, Mumbai in Revision Application No. 10 of 2020 is quashed and set aside as being infructuous.

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IV) All contentions of parties on merits are kept open.

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Writ petition is disposed of in the above terms.

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(GAURI GODSE, J.)

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Page no. 3 of 3

Shri. Samadhan Uttreshwar Mane (Chairman Bhima Chandrabhaga Matsya Vyavsayik Sah. Sans. Mdt.) v. the Commissioner Cum Registrar (Fishery) State of Maharashtra Matsalaya and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Samadhan Uttreshwar Mane (Chairman Bhima Chandrabhaga Matsya Vyavsayik Sah. Sans. Mdt.) v. the Commissioner Cum Registrar (Fishery) State of Maharashtra Matsalaya and Ors.

Case brief

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