1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.6486 OF 2009 1 Raghunath Kalusa Kalal, age: major, Occ: Nil, R/o Plot No.45, Gopalnagar, Opp. SRP Camp Dhule, District Dhule. 2 Vishwanath Narayan Kalal, age: 60 years, Occ: Business & President of Uttar Maharashtra Kalal Samaj Unnati Mandal, Head Office, Main Road, Taloda, R/o Ganpati Galli Corner, Main Road, Taloda, Dist.Nandurbar. Petitioners Versus 1 The State of Maharashtra, through Charity Commissioner, Mumbai (M.S.). 2 The Joint Charity Commissioner, Nashik Division, Nashik. 3 The Assistant Charity Commissioner and Assistant Registrar for Public Trust, Dhule Division, Dhule. 4 Chandrakant Vikramsa Kalal, age: major, Occ: Nil, R/o Plot No.33, Gopalnagar, Opp: SRP Camp, Dhule, Dist.Dhule. 5 Dr.Laxmikant Vikramsa Kalal, age: major, Occ: Profession, R/o Main Road, Taloda, Tq.Taloda, 2 District Nandurbar. 6 Motiram Ganpat Girnar, age: major, Occ: Nil, R/o President Kalal Samaj Unnati Mandal, Bhusawal, Tq.Bhusawal, District Jalgaon. Respondents Mr.A.J.Magare, advocate for the petitioner. Ms.S.D.Shelke, A.G.P. for Respondents No.1 to 3. Mr.P.D.Bachate, advocate for Respondents No.4 & 5. Respondent No.6 served. CORAM : R. M. BORDE, J. DATE : 17th March, 2010. ORAL JUDGMENT : 1 Heard learned Counsel for respective parties. Rule, made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 The proposal was tendered by petitioners along with other persons seeking registration of society under Section 3 of Societies Registration Act to Assistant Registrar of Societies, Dhule Division, Dhule. Respondents No.4, 5 and 6 raised objection for granting registration certificate in favour of petitioners and on consideration of objections raised, 3 the Assistant Registrar of Societies, Dhule Division, Dhule has rejected the proposal tendered by petitioners seeking registration of the society in view of order passed on 23.01.2009. 3 I have perused impugned order passed by registering authority. There are certain technical objections raised in respect of documents tendered by petitioners along with proposal seeking registration. It is to be noted that once application seeking registration of society is received, it was open for the Assistant Registrar to call upon the petitioners to remove the deficiencies in the proposal. It was also expected of the Assistant Registrar to serialise the deficiencies and permit petitioners to remove deficiencies within specified period. In the instant matter, it does not appear that the Assistant Registrar, at any point of time, has called upon the petitioners, after informing them deficiencies in the proposal, to remove same. The procedure followed by Assistant Registrar appears to be improper. Respondents No.4, 5 & 6 have raised objection to the consideration of proposal seeking registration. One of the ground is name of proposed society, being identical or similar to society already registered at the instance of respondents. Name of the proposed society differs from the name of society already registered at the instance of concerned respondents. I do 4 not find any impediment in registering the society in the name proposed by petitioners. 4 In the circumstances, petitioners herein need to be extended further opportunity of ratifying deficiencies appearing in the proposal. The Assistant Registrar of Societies, Dhule Division, Dhule, shall communicate deficiencies in the proposal in writing to the petitioners and also shall allow petitioners sufficient time for removal of deficiencies. After removal of technical deficiencies appearing in the proposal, Assistant Registrar of Societies, Dhule Division, Dhule, shall consider the proposal tendered by petitioners seeking registration of society, on its own merits and in accordance with provisions of Section 3 of Societies Registration Act. 5 In the result, petition is allowed in above terms. Rule is made absolute accordingly. In the facts and circumstances of this case, there shall be no order as to costs. ( R. M. BORDE) JUDGE adb/wp648609