SHANTILAL LALCHAND CHANGEDE Vs. PRASAD OAK

JUDGEMENT

(1.) Rule, with the consent of the parties made returnable forthwith and heard.

(2.) The Petitioners have approached this Court under Article 226 of the Constitution of India challenging the order dated 15th April 2009 passed by the Deputy Registrar of Cooperative Societies, West Ward, Bombay. By the said order, the Respondent No. 1 exercising power under Section 102 of the Maharashtra Cooperative Societies Act, 1960 (for short "the said Act") has appointed one Shri. Ashok Pagare, the Assistant Cooperative Officer, KWest Ward, Bombay as an interim liquidator of the Cool Home Versova Cooperative Housing Society Ltd. the Petitioner No. 6 herein.

(3.) At the outset we would like to clarify that normally we would not have entertained the present petition, since the order under challenge is only an interim order and the parties could approach the Deputy Registrar under Sub-section (2) of Section 102 of the said Act before the final order of liquidation is passed. But we have decided to exercise our extraordinary jurisdiction in the peculiar facts and circumstances which we are going to enumerate hereinbelow as a result of which we are of the view that the order which has been passed appointing an interim liquidator though passed by the Deputy Registrar purportedly under the garb of protecting the interest of the society and its members, but is in fact passed to defeat the decree which has been passed by the City Civil Court, Bombay in Short Cause Suit No. 5985 of 1978 and which has been confirmed by this Court in First Appeal No. 837 of 1986 by judgment dated 26th September 2008 and thereafter confirmed by the Apex Court by rejecting the SLP No. 26174 of 2008, and thereby an attempt is being made by the Respondent No. 1 to support the defendants in the said suit, i.e, the encroachers in the suit property. Therefore, in order to uphold the majesty of law, and not allow it to suffer at the hands of the Deputy Registrar, who has exercised powers of liquidation under Section 102 of the said Act, obviously and patently for the reasons which in our view are not sustainable in law.