wp5472-09.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5472 OF 2009 Simaran Co-operative Housing Society Ltd., Nerul (W), Navi Mumbai ... Petitioner. V/s. The Minister for Co-operation, Maharashtra State, Mantralaya, Mumbai and others. ... Respondents. --- Mr.G.N. Salunkhe i/by S.B.Kalel for the Petitioner. Mr. M.C.Dixit for the Respondent No.3. Mr. S.D. Rayrikar, AGP for the Respondent Nos. 1 & 2 . --- CORAM:- G.S. GODBOLE, J. DATED :- 07th DECEMBER, 2011. P.C. : 1 An Affidavit-in-Reply filed by the Respondent No.3 is taken on record. Advocate for the Petitioner proceeded on the basis of the denials. 2 Rule. Rule is made returnable forthwith and heard by consent of the parties. AGP waives service on behalf of the Respondent Nos. 1 and 2. Mr. Dixit waives service on behalf of the Respondent No.3. 3 At the outset Mr. Salunkhe, learned Advocate for the Petitioner states that with a view to ensure that there is an early disposal of the wp5472-09.sxw 2 Application under section 101, the Petitioner makes a statement that the dues prior to 12th March, 2004 and the interest on the amount prior to registration of the Society i.e. 12th March, 2004 will not be claimed. Statement accepted. 4 The Joint Registrar of C-operative Societies (CIDCO) had issued the Recovery Certificate. The Hon’ble Minister has allowed the Revision Application on the ground that the Society had also demanded the amounts prior to its registration. However, only on that ground the entire Revision could not have been allowed and as a logical consequence of the finding of the Minister, the Minister ought to have remanded the case back to the Joint Registrar or ought to have modified the Recovery Certificate. Both these things have not been done. 5 Hence, on that ground alone, the impugned Judgment and Order dated 6th May, 2009 is quashed and set aside. The proceedings are remanded back to the Joint Registrar, Co-operative Societies (CIDCO), Navi Mumbai for de novo consideration. Needless to state that the original order dated 28.04.2008 passed by the Joint Registrar is also quashed and set aside in view of the statement made by the Advocate for the Petitioner which is recorded hereinabove. wp5472-09.sxw 3 6 It is directed that the Joint Registrar, Co-operative Societies, (CIDCO), Navi Mumbai shall hear the parties again and pass appropriate order on or before 30th April, 2012. All defences and questions raised by the Respondent No.3, including the question regarding maintainability of the Application under section 101 are kept open. Within the period of four weeks from today, the Petitioner Society will submit to the Respondent No.3 a certified copy of the approved bylaws as also the certified copies of the General Body Resolutions and Managing Committee Resolutions for which the Application is stated to have been made by the Respondent No.3. 7 Rule is made absolute in the above terms, with no order as to costs. [G. S. GODBOLE, J.] .....