JAYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petitioners have assailed order 31st March 2001 passed by respondent no. 3 District Deputy Registrar, Cooperative Societies, Nagpur under Section 102 (1) (c) (ii) (iv) of the Maharashtra Cooperative Societies Act, 1960 (for short "the Act") winding all the affairs of Society viz. Samta Grahak Sahakari Sanstha of which petitioner no. 1 is Secretary and petitioner no. 2 is President.

(2.) Learned counsel for petitionerSociety submits that petitioner Society is continuously doing its business and its accounts have been audited from time to time which are certified by auditors of the Department of Cooperation. He further submits that before passing order under Section 102 of the Act, it was obligatory for respondent no. 3 to hold enquiry as contemplated under Section 83 of the Act regarding constitution, working and financial conditions of the petitionerSociety. He also submits that respondent no. 3 either himself or through an authorized person on his own motion or on the application of a creditor can inspect books of indebted society as provided under Section 84 of the Act. According to him, neither enquiry under Section 83 nor inspection as contemplated under Section 84 of the Act was conducted by respondent Deputy Registrar and, therefore, impugned order of liquidation is arbitrary bad in law. As regards the observation in the impugned order that petitionerSociety failed to communicate its new address to the Authorities, is also incorrect. He points out that by adinterim order of this Court, petitioners were permitted to run fair price shop which they were already running and that order was confirmed on 6.10.2006 while rule in the petition was issued.

(3.) Learned Assistant Government Pleader has not seriously disputed the submissions advanced on behalf of petitioners.