OFFICIAL LIQUIDATOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this judgment and order, six writ petitions shall be disposed of. Three writ petitions were filed by Deogiri Nagari Sahakari Bank Limited, while the other three writ petitions were filed by the company - Sundeep Polymers Private Limited along with its two Directors. Since, the company went into liquidation, the official liquidator is now representing the said company before this Court. For the sake of convenience, the contesting parties are referred to as the co-operative bank and the company in liquidation. Both parties are aggrieved by orders passed by the Divisional Joint Registrar of Co-operative Societies (hereinafter referred to as 'Joint Registrar'). The co-operative bank is aggrieved by orders dtd. 15/5/2009 and 20/5/2009, passed by the Joint Registrar. The company in liquidation is aggrieved by orders dtd. 11/11/2008, passed by the Joint Registrar.

(2.) Before referring to the chronological sequence of events leading to filing of the six writ petitions, it would be appropriate to refer to the order dtd. 15/11/2017, passed by this Court (Coram: Dr. Manjula Chellur, Chief Justice), in a Miscellaneous Civil Application. By the said order, this Court allowed the application, as a consequence of which all the writ petitions stood transferred from the Aurangabad Bench of this Court, where they were originally filed, to the principal seat of this Court. In the said order, this Court directed that since the company had gone into liquidation, the writ petitions would be heard by the company Court. It is for this reason that the six writ petitions have come up for consideration before this Court.

(3.) The co-operative bank filed three writ petitions before the Aurangabad Bench of this Court to challenge the said orders dated 15 th May 2009 and 20/5/2009, whereby the Joint Registrar dismissed the Revision Applications filed by the co-operative bank, thereby confirming orders dtd. 20/6/2008, passed by the Assistant Registrar of the Co-operative Societies (hereinafter referred to as 'Assistant Registrar'). By the said orders, the Assistant Registrar had cancelled the recovery certificates issued in favour of the co-operative bank and against the company in liquidation under Sec. 101 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'MCS Act').