KRISHNANATH A PRABHU DESSAI Vs. STATE OF GOA

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioner is a member of "sanjivani Bagayatdar Sahakari-Saunstha" a society registered under the Maharashtra Cooperative Societies Act, 1960 (as applicable to the then Union Territories of Goa, Daman and Diu). It is the case of the petitioner that respondent No. 3 had passed an interim order dated 24th March, 1994 under Section 102 (1) (a) (iv) of Maharashtra Co-operative societies Act read with Rule 84 of the maharashtra Cooperative Societies Rules, 1962 for winding up of the said Society and further calling upon the Society as to why its affairs should not be wound up. In response to the show cause notice the Chairman of the said society filed its objections but respondent No. 3 by its Order dated 28th April, 1994 passed under section 102 (2) of the said Act, confirmed the interim order dated 24th March, 1994 and appointed Respondent No. 4 as Liquidator of the society.

(3.) It is the case of the petitioner that under Section 109 of the Maharashtra Cooperative Societies Act the winding up proceedings of the Society has to be concluded within a period of three years from the date of the order of winding up, unless the said period is extended by the Registrar and that he shall not grant extension for a period of one year at a time and four years in aggregate and after expiry of 7 years from the date of order for winding up of Society, and it is deemed that the liquidation proceedings have been terminated.