wp5205-11.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5205 OF 2011 Milind Shashikant Wandrekar & Others. ... Petitioners. V/s. Dattendu Co-operative Housing Society Ltd., Khar (West), Mumbai-52 & Ors. ... Respondents. --- Mr. S.S. Inamdar i/by Mr. R.V.Govilkar for the Petitioners. Mr. Ivor Peter D’Cruz for the Respondent No.1. Mr. R.M. Patne, AGP for the Respondent Nos. 2 & 4. --- CORAM:- G.S. GODBOLE, J. DATED :- 07th DECEMBER, 2011. P.C. : 1 Rule. Rule is made returnable forthwith by consent of the parties. 2 On 15th September, 2011 the following order was passed in this Writ Petition which reads thus : “P .C.: . Learned counsel appearing for the Petitioners has invited the attention of the Court to the impugned order dated 14th January, 2011. He states that apart from the said order, no other order passed by the Deputy Registrar wp5205-11.sxw 2 of the Cooperative Societies has been served to the Petitioners. The said order granting recovery certificate records no reasons. There is no consideration of the contentions raised by by the Petitioners. 2. In view of what is observed by the Full Bench of this Court in the case of Shireen Sami Gadiali and Another v. Spenta Co.0p.Housing Society Limited & Others, [2011(3)BCR 465], in the facts of the case, it cannot be said that the remedy of Revision Application under Section 154 of the Maharashtra Cooperative Societies Act, 1960 is an efficacious remedy. 3. Rule. The learned AGP waives service for Respondent Nos.2 and 4. 4. Rule on interim relief is made returnable on 23rd November, 2011. Adinterim relief in terms of prayer clause (c) till the returnable date. On the returnable date, the learned AGP will produce before this Court the record of the proceedings under Section 101 of the said Act. (A.S.OKA, J)” 3 I have heard the learned Advocates since a very limited issue is involved, namely, that absolutely no reasons are given in the impugned order by the Dy. Registrar, Co-operative Societies, H/West, Mumbai. In any administrative, judicial or quasi judicial proceedings it is necessary to give wp5205-11.sxw 3 reasons so that there can be a meaningful judicial review of any such order. Not to give reasons in support of any order cannot be overlooked and reasons are absolutely essential so that a superior judicial or quasi-judicial Forum can consider whether the subordinate authority has properly appreciated the facts of the case or the case put up by the respective parties etc.. 4 I have carefully read the impugned order which is bereft of any reasons. On that ground alone, the impugned order is liable to be quashed and set aside. Since the order is entirely without reasons, the Petitioners cannot be forced to adopt alternate remedy of filing any Revision Application under section 154 . 5 Hence, I pass the following order : i The impugned Judgment and Order dated 14.01.2011 passed by the Dy.Registrar, C.S., H/West Ward, Mumbai being Exh. “C” in Recovery Proceedings No. Mumbai/H/West/101/2374 of 2011 is hereby quashed and set aside and the proceedings are remanded back to the same Authority with a direction to decide the case afresh after hearing the parties and applying mind to wp5205-11.sxw 4 the defences which may be raised by the Petitioners. This entire exercise shall be completed on or before 29th February, 2012. ii It is made clear that the replies which are already filed will be taken into consideration and since pleadings are complete, no further time needs to be given to the parties for pleadings. iii Since the Respondent No.3 has died, who was member of the Society, the Respondent No.1 Society will be at liberty to implead the heirs of Respondent No.3 in the proceedings under section 101 and the heirs of Respondent No.3 would be entitled to file independent reply. iv All contentions of the parties on the merits of the controversy are kept open. v Rule is made absolute in the aforesaid terms with no order as to costs. vi All parties and the Dy. Registrar to act on the authenticated copy of this order issued by the Registry. [G. S. GODBOLE, J.]