ASHOK KISANRAO HANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Considering the nature of main reliefs sought in all these three Petitions, they are disposed of by this common order.

(2.) All these Petitions basically pertain to the issue of continuation of liquidation process under the provisions of Maharashtra Co-operative Societies Act, 1960 (for short 'the said Act') beyond the period prescribed under the said Act.

(3.) Facts of Writ Petition No.5215/12 -: The issue pertains to liquidation of Maratha Market Peoples Co-operative Bank Ltd. (hereafter referred to as 'the said bank'). As mentioned in the memo of Writ Petition No.5215/12, the Petitioner No.1 is member of the said bank and is also a member on the liquidation committee being representative of the depositors of the bank. The Petitioner No.2 is a registered association of the Fruit & Vegetable Merchant's Association and it is further mentioned that almost all the members of the Petitioner No.2 are members of the said bank. The said bank is duly registered under the provisions of the said Act. The Respondent No.1 is the State of Maharashtra, Respondent No.2 is the under Secretary, Department of Co-operation, Marketing and Textile, Mantralaya and Respondent No.3 is the Commissioner for Co-operation and Registrar for Co-operative Societies, Pune, Respondent No.4 is the liquidator of the said bank. It is mentioned in the memo of Writ Petition No.5215/12 that the Respondent No.5 M/s. Sunrise Lifestyle & Homes Pvt. Ltd. (hereafter referred to as 'M/s. Sunrise') are allegedly owners of the premises, which is occupied by the said bank. The liquidator came to be appointed for the said bank vide order dated 14/08/2000 passed by the Additional Commissioner and Special Registrar, Cooperative Societies (Finance), Pune. The interim order dated 14/08/2000 was confirmed by the said authority vide its order dated 08/02/2001. Section 109 of the said Act prescribes the period of six years for completion of the winding up proceeding. The said period can be extended for one year maximum at a time and four years in the aggregate if the liquidation proceeding cannot be completed within the prescribed period of six years. In this case, the extensions for a period of one year each was granted vide orders dated 02/12/2007, 17/03/2008 and 10/12/2009.