1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPEALLATE SIDE, BENCH AT AURANGABAD Letter Patent Appeal No. 163 of 2009 in Writ Petition No. 5348 of 2009 with Civil Application Nos. 9106, 10645 & 10432 of 2009 Dhule and Nandurbar Districts Primary Teacher Co-operative Credit Society Ltd., Dhule ... Appellants V E R S U S The State of Maharashtra and others ... Respondents ... Mr. Vijay Dixit, Senior Counsel holding for Mr. S.V. Deshmukh, Counsel for petitioners. Smt. A.V. Gondhalekar, Assistant Government Pleader for respondent Nos. 1 to 4. Mr. M.S. Deshmukh holding for Mr. S.S. Patale, Counsel for respondents No. 5 and 6. Mr. P.B. Shirsath, Counsel for applicants in C.A.No.10645 of 2009. Mr. Vijay Dixit, Senior Counsel with Mr. P.D. Bachate, Counsel for applicants in C.A. No. 10432 of 2009 ... CORAM: NARESH H. PATIL & K.U. CHANDIWAL, JJ. DATE: 9th December, 2009 PER COURT : 1. Heard. 2 2. We have perused the order passed by the Honourable Minister dated 6th August, 2009 and the order passed by the learned Single Judge dated 14th August, 2009, in Writ Petition No. 5348 of 2009, at page No.7. We find that the writ petition is admitted and interim relief was granted by expediting the hearing of the petition. 3. The learned counsel appearing for respective parties do not dispute that the next election of the office bearers of Dhule and Nandurbar Districts Primary Teachers Co-operative Credit Society Ltd., Dhule would be held in the month of March/April, 2010. 4. The learned senior counsel Mr. Vijay Dixit raised some doubts regarding the management of the funds of the Society by the persons who are at present managing the affairs of the Society. It was submitted that certain amount has been withdrawn by bearer cheque by respondents No. 5 and 6. 5. The learned counsel Mr. Deshmukh submitted that the amounts were withdrawn in respect of the account of the teachers and credited to their respective accounts. In other words, learned Advocate Mr. Deshmukh submitted that proper accounts are maintained and respondents No. 5 and 6 have not utilized funds for 3 their own use or for any other purposes not permissible in law. 6. We are primarily concerned with the fact that the financial worth of the society shall be maintained and improved. To safeguard the interest of the account holders, we find it proper in the facts of the case to direct that the District Deputy Registrar, Co- operative Societies, Dhule (D.D.R.) shall scrutinize and verify every month the transactions of the credit society. The D.D.R. is entitled to raise objection to any decision of disbursement of the loan, which in view of the D.D.R. would not be a sound business/commercial proposition and not in the interest of the Society. The D.D.R. is entitled to bring to the notice of the Managing Committee, if such proposal is noticed. The D.D.R. shall maintain record of monthly supervisions/audit of the transactions of the society independently. The respondents No. 5 and 6 shall co-operate with the D.D.R. in the matter of supervision of their record. 7. The parties agree that the next election is due in the month of March/April, 2010. We therefore direct that without prejudice to the rights of the parties and the proceedings pending in the Court or before any other authority, the next election of the office bearers of the Society shall be held under the supervision of the 4 D.D.R., Dhule, after 19th March, 2010. The D.D.R. is authorized to scrutinize files of disbursement of loan above Rs.2,00,000/-. All the transactions entered into by the credit society be made by account- payee cheque. The order of ad interim relief granted in Civil Application No. 9106 of 2009, dated 8th September, 2009, stands vacated. We clarify that we have not expressed any opinion about merits of the issues, which are subjudice. The Letters Patent Appeal is accordingly disposed of. 8. In view of disposal of Letters Patent Appeal, Civil Application Nos. 9106, 10645 and 10432 of 2009 stand disposed of accordingly. 9. At the request of the learned Assistant Government Pleader, copy of this order be supplied to the Assitant Government Pleader authenticated by the Court Shirestedar. ( K.U. CHANDIWAL, J.) (NARESH H. PATIL, J.) srm/lpa/163/09 5 6