Disposed¶11

Shivanand Sidramappa Patil and Ors. v. the State of Maharashtra through Dept. of Co. Op. and Ors.

Bombay HC1 Apr 2025WP/4296/2025

Case brief

AI extract

What is this about?

Bombay High Court, Writ Petition No.4296 of 2025 (decided 1 April 2025), A.S. Chandurkar & M.M. Sathaye, JJ. Maharashtra Co-operative Societies Act, 1960 - Section 152 appeal - order dated 13.02.2025 under Section 77-A - Divisional Joint Registrar, Co-operative Societies, Pune to decide interim relief application within 10 days - Administrator barred from taking over charge of society's affairs meanwhile - merits kept open - fresh elections - writ petition disposed.

What did the court decide?

Direction to respondent no.3 to consider the prayer for interim relief within ten days of receiving a copy of the order; interim restraint that the Administrator shall not take over charge of the Co-operative Society's affairs till the interim relief prayer is considered; all merits kept open. ¶11

Shivanand Sidramappa Patil and Ors. Vs the State of Maharashtra through Dept. of Co. Op. and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondent no.3 - Divisional Joint Registrar, Co-operative Societies, Pune should be directed to consider the petitioners' application for interim relief in their pending appeal under Section 152 of the Maharashtra Co-operative Societies Act, 1960 challenging the order dated 13th February 2025 passed under Section 77-A. +1 more

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Court's answer

Respondent no.3 shall consider the prayer for interim relief in the pending Section 152 appeal within a period of ten days of receiving a copy of this order.

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Ratio / Principle

All aspects on merits are kept open and the proceedings are to be decided on their own merits.

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Key takeaways

If the charge of the affairs of the Co-operative Society has not been taken over by the Administrator till date, such charge shall not be taken till the prayer for interim relief is considered; this direction is without entering into the merits of the case.ratio¶15

Detailed headnote1 paragraphs

Writ Petition disposed of. The only prayer was for a direction to respondent no.3 - Divisional Joint Registrar, Co-operative Societies, Pune - to consider the application for interim relief moved in the petitioners' appeal under Section 152 of the Maharashtra Co-operative Societies Act, 1960, challenging an order dated 13th February 2025 passed under Section 77-A of that Act. The Court directed respondent no.3 to consider the prayer for interim relief within ten days of receiving a copy of the order, clarified that all aspects on merits are kept open and the proceedings be decided on their own merits, and directed that if the charge of the affairs of the Co-operative Society has not been taken over by the Administrator till date, such charge shall not be taken till the interim relief prayer is considered - without entering into the merits.

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Digitally signed by SNEHA SNEHA ABHAY ABHAY DIXIT DIXIT Date: 2025.04.02 10:40:26 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.4296 OF 2025

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Shivanand Sidramappa Patil and Ors. .. Petitioners Vs. The State of Maharashtra, Through Department of Co-operation and Ors. .. Respondents

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Mr. Sarang S. Aradhye with Mr. Shantanu Gurav and Ms. Gauri Velankar, Advocates for the Petitioners.

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Smt. S.S. Bhende, Assistant Government Pleader for Respondent Nos.1 to 3.

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Mr. Mandar Limaye, Advocate for Respondent No.4.

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CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 1^ST APRIL 2025.

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P.C. :

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The only prayer made by the petitioners is for a direction to be issued to the respondent no.3 – Divisional Joint Registrar, Co-operative Societies, Pune to consider the application for interim relief that has been moved by the petitioners in the appeal that has been filed under Section 152 of the Maharashtra Co-operative Societies Act, 1960. In the said appeal, a challenge is raised to the order dated 13^th February 2025 passed under Section 77-A of the said Act. It is submitted that despite taking steps for conduct of fresh elections, such power has been exercised.

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Considering the fact that the petitioners’ appeal is pending, it is directed that the respondent no.3 shall consider the prayer for interim relief within a period of ten days of receiving copy of this order. By clarifying that all aspects on merits are kept open and the proceedings be decided on their own merits, the writ petition is disposed of.

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10-WP-4296-2025.doc

Dixit

If the charge of the affairs of the Co-operative Society are not taken over by the Administrator till date, such charge shall not be taken till the prayer for interim relief is considered. This direction is without entering into the merits of the case.

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Parties to act on the authenticated copy of this order.

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[ M.M. SATHAYE, J. ]

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[ A.S. CHANDURKAR, J. ]

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10-WP-4296-2025.doc Dixit

Shivanand Sidramappa Patil and Ors. v. the State of Maharashtra through Dept. of Co. Op. and Ors.

Case brief

What is this about?

What did the court decide?

Shivanand Sidramappa Patil and Ors. v. the State of Maharashtra through Dept. of Co. Op. and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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