MATESHWARI AGRO CHEMICALS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Writ Petition, the petitioner is challenging the order dtd. 24/5/2022 passed by the Hon'ble Minister of Co-operation and Marketing Department, setting aside the order dtd. 18/10/2021 passed by the Divisional Joint Registrar of Co-operative Societies directing winding up of the respondent no. 5 society and appointment of Liquidator and consequent letter dtd. 4/12/2021 of the Liquidator addressed to the respondent no. 5 society for handing over the charge of the society.

(2.) The respondent no. 5, Sharad Sahakari Misra Khat Karkhana [for short 'said society'] is registered under the provisions of the Maharashtra Co-operative Societies Act in the year 1995-96. The said society is incorporated to provide quality fertilizers to it's members. The said society received Rs.13.00 lacs on 31/3/1998 and Rs.10.00 lacs on 31/3/1999 totaling to Rs.23.00 lacs as share capital for erecting a fertilizer factory, from the State of Maharashtra. In the year 2003, the respondent no.5 - co-operative society received permission for production of N.P.K. mixed fertilizer on special consideration. However, the respondent no.5 was unable to start it's production activity until the year 2010 and was also unable to refund the share capital provided by Government until the year 2010. As such, the respondent no.5 entered into memorandum of understanding with the petitioner for manufacturing contract. The Government, by letter dtd. 25/8/2009, accorded it's sanction to the memorandum of understanding for manufacturing contract under the provisions of the Sec. 20 and 20-A of the Maharashtra Co-operative Societies Act.

(3.) In pursuance of the sanction letter, manufacturing permission was granted to the petitioner to manufacture NPK mixed fertilizer under the license of respondent no.5 and under BOT agreement. It was agreed under the memorandum of understanding that the petitioner will erect the factory on his own funds on the land of the respondent no.5 and will do the production work for 5 years. The yearly rent was agreed to Rs.3.00 lacs. In the memorandum of understanding, it is noted that the respondent no.5 is possessing only open land and license to manufacture fertilizers. Under the agreement, the petitioner was required to erect the manufacturing unit and engage the technical staff and labours for manufacturing the mixed fertilizer. The license to manufacture fertilizer expired in the year 2012 and same was not renewed by the respondent no. 5 - society.