LAWS(BOM)-2019-7-146

BALASAHEB DEVRAM WAGH Vs. KARMAVEER KAKASAHEB WAGH

Decided On July 26, 2019
Balasaheb Devram Wagh Appellant
V/S
Karmaveer Kakasaheb Wagh Respondents

JUDGEMENT

(1.) Since both the writ petitions before us seek an identical relief of terminating the liquidation proceedings in respect of the respondent no.1 Sakhar Karkhana, we have heard both the writ petitions finally by consent of the parties. Writ Petitions are heard along with two Civil Applications i.e. C.A. Nos. 1470/19 and 1471/19 which seek intervention in the petition. Civil Applications for intervention are allowed.

(2.) We issue Rule and make it returnable forthwith.

(3.) Respondent no.1 The Karmaveer Kakasaheb Wagh Sahakari Sakhar Karkhana Ltd, at Niphad, District Nasik, as a processing Society has incurred financial losses which resulted into appointment of a liquidator by order under Sec. 102(1) (a) of Maharashtra Co-operative Societies Act, 1960 (for short 'MCS Act') and since then, the respondent no.1 is being managed by the respondent no.2 liquidator. As per the permission issued by the State Government, the affairs of the respondent no.1 came to be handed over to the respondent nos.6 and 7 and the Karkhana was given on lease in favour of respondent no.7 till Oct. 2012 and further in favour of respondent no.6 till Nov. 2018.