LAWS(BOM)-2009-3-122

SAVITRI SIPPY Vs. SHAHSIKANT GHORPADE

Decided On March 17, 2009
SAVITRI SIPPY Appellant
V/S
SHAHSIKANT GHORPADE Respondents

JUDGEMENT

(1.) The present Appeal is directed against Border dated 25th September 2008 passed by the learned Single Judge in contempt Petition (Lodging) No. 82 of 2008 vide which the Court declined to take any action against the Respondents in that Petition under the provisions of [Contempt of Courts Act, 1971 and discharged the notice issued to the non-Applicants.

(2.) It is not necessary for us to notice the facts in detail, suffice it to notice the Court dealing with Writ Petition No. 1562 of 2008 had passed the order dated 25th June 2008, which order reads as under :-

(3.) Prima facie, an arguable question with regard to the execution of bond contemplated by section 73(1 AB) of Maharashtra Cooperative Societies Act, 1960 read with Rule 58A arises for consideration. Whether the bond furnished by the Managing Committee members on one stamp paper but signed by each one of them except Mrs. Tarulata Sheth satisfies the legal requirement or not is the question. Prima facie there is no dispute that the bond is furnished within the statutory period of 15 days on assumption of office. Therefore, the order disqualifying the petitioner would require further scrutiny. Hence, Rule. Hearing expedited.