HARIBHAUDAGDUTANDALE Vs. INDUSTRIAL COOPERATIVE ASSOCIATION LIMITED

JUDGEMENT

(1.) This Appeal by Special Leave is preferred against a Division Bench Judgment of the Bombay High Court W.P. No. 390/82 dated 13th April, 1982. The learned Judges by the judgment under appeal have confirmed an order of the State Government passed while exercising appellate as well as suo moto revisional jurisdiction in a matter arising out of The Maharashtra Co-operative Societies Act, 1960 (hereinafter called "the Act").

(2.) The third respondent herein purporting to exercise his powers under Section 102 (1) (a) issued an interim winding up order dated 17-6-1974 and called upon the first respondent society to show cause why a final order winding up the society should not be passed. The third respondent also simultaneously appointed the second respondent herein as Special Liquidator under Section 103 of the Act,

(3.) The first respondent in response to the notice dated 17-6-1974 gave a detailed reply objecting to the proposed final order of winding up and appointment of Special Liquidator under Section 103 of the Act, The first respondent while requesting for vacation of the interim order requested for a personal hearing before passing final order. The third respondent, however, without affording the personal hearing requested by the first respondent and though the statute required giving of such personal hearing, confirmed the interim order under Section 102(2) of the Act on 12-8-1974.