DAKSHA Vs. DISTRICT REGISTRAR CO OPERATIVE ...

JUDGEMENT

(1.) The petitioner has prayed to amend the petition whereby, relevant documents regarding their application to the society for transferring share with declaration of her brothers is now placed on record which is dated 30.05.2015 and 29.05.2015 respectively, with addition of para 10.1 to disclose facts of such documents. Amendment is allowed as prayed for.

(2.) Heard learned Senior Counsel Mr.Sudhir I. Nanavati with Mr.Vibhuti Nanavati for the petitioner, learned advocate Mr.Jaimin R. Dave for the respondent no.2 and learned AGP Mr.Rohan Yagnik for the respondent no.1. Perused the record.

(3.) Petitioner herein has prayed for appropriate writ and order in the form of declaration that Registrar of Cooperative Society being respondent no.1 herein has failed to discharge his duties and therefore, to quash and set aside his letter dated 10.11.2016 with further directions to the respondent no.1 that he should direct the Respondent no.2 - Society to enter the name of the petitioner and her two brothers in the Share certificates of the society for their plot and thereby, to enter their names in record of rights and in share certificates. It is further requested to hold and declare that respondent no.1 has failed to perform his duties in accordance with law by not quashing the resolution of the respondent no.2 regarding payment of penalty from its members, copy of which are produced at Annexures C and D. It is further prayed that respondent no.1 should direct the respondent no.2 and call upon them and to accept the cheque for an amount of unpaid maintenance from the petitioner without penalty and interest and clear the accounts forthwith, because petitioner is legal heir of member of the society and is not aware about the transaction between her predecessor and respondent no. 2 -Society. It is further prayed to issue writ, order or direction to the respondent no.1 that respondent no.1 should hold the Chairman and Secretary of respondent no.2 responsible for non-realization of amount of cheque by the petitioner. Some sort of interim relief was also prayed for.