✦ Bombay High Court · 21 Sep 2006

NAGPUR WRIT PETITION No. 1004 of 2005 · Bombay High Court

NAGPUR WRIT PETITION No. 1004 of 2005B R GAVAI

Case at a glance

Judgment

Shri. Anil Mardikar, Adv. for petitioners. Shri. A.M. Deshpande, A.G.P. for R- 1 & 2. CORAM : B.R. Gavai, J. DATED : September 21, 2006. By way of present petition, the petitioners challenge the order passed by the respondent no.2 in Revision No. 16/2004, thereby dismissing the revision filed by the present petitioners. The respondent no.1- District Deputy Registrar had passed an order on 20th February, 2004 thereby directing an enquiry under Section 88 of the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as the Act for the sake of brevity), against the petitioners. Being aggrieved thereby, revision was filed. Shri Mardikar, the learned counsel for the petitioners, submitted that for the purpose of an enquiry under Section 88 of the Act, only a period of 5 years preceding the date on which the enquiry is ordered, can be taken into consideration. He further 2 submitted that the respondents have, however, also taken into consideration the period prior to that. Perusal of Rule 72 of the Maharashtra Cooperative Societies Rule, 1961, which prescribes the procedure for an enquiry under Section 88 of the Act, would reveal that the petitioners have ample opportunity to raise all these objections before the enquiring authority. In that view of the matter, the petition is dismissed. JUDGE RMP

Questions this judgment answers

Which statutory provisions did this judgment involve?

Maharashtra Cooperative Societies Act, 1960 — s. 88.

Which court decided this case, and when?

Bombay High Court, on 21 Sep 2006. The bench was B R GAVAI.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

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