1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1568 OF 2009 Bhiryani Dadlani Sales Agencies Pvt.Ltd. .. Petitioner V/s. The State of Maharashtra & Ors. .. Respondents Mr.Ashok B.Dhingreja, present in person. Ms.Anjali Helekar, A.G.P.for Respondent Nos. 1 and 2. Mr.Suresh Ahuja for Respondent No.4, present in person. CORAM: S.J.KATHAWALLA J. DATE : 29th September, 2009 P.C. By this writ petition, the petitioner has impugned the order dated 4 th March, 2009 passed by the Deputy Registrar of 2 the Co-Operative Societies H/W Ward disallowing the Appeal filed by the petitioner under section 152A of the Maharashtra Co-Operative Societies Act, 1960. 2. The issue before the Deputy Registrar of Co-Operative Societies was, whether the Petitioner Bhiryani Dadlani Sales Agencies Pvt.Ltd.(Company) who are admittedly the members of the Respondent No.3 society can be allowed to recommend one of their officer s to contest the elections of the Managing Committee of the Society under section 27 (4) of the Maharashtra Co- Operative Societies Act, 1960. The Deputy Registrar by his order dated 4 th March, 2009, which is impugned herein, has come to the conclusion that Shri Ashok B.Dhingreja, the purported nominee of the Petitioner is not a director of the company, and therefore, the Petitioner cannot nominate him to contest 3 the elections. The learned Advocate appearing for Respondent Nos.1 and 2 submits on instructions that the resolution annexed by the Petitioner at Page No.51 of the Petition, purportedly passed by the Petitioner in the meeting of its Board of Directors held on 28 th December, 2008 inter- alia allowing the said Mr.Ashok B.Dhingreja to contest the elections of the Managing Committee of the Society, was not before the Deputy Registrar, and the same is produced for the first time in the present petition. The said contention is disputed by the petitioner. After hearing the Advocates for the parties the following order is passed in the writ petition, to which the parties have agreed. :: O R D E R :: i. The impugned order dated 4 th 4 March, 2009 passed by the Deputy Registrar, is set aside. ii. The Deputy Registrar shall after hearing the parties pass a reasoned order preferably within 12 weeks from today, after, amongst others, considering the resolution at Page No. 51 purportedly passed by the Petitioner at the meeting of its Board of Director dated 24 th December, 2008 and the contention raised by the society, that the Petitioner is in arrears of the Society charges/outgoings, and therefore, not entitled to vote or contest elections. iii. The Deputy Registrar in the event of holding that a nominee of a corporate member cannot contest the 5 Managing Committee elections of a society and that only a director of such corporate member can contest elections, shall give specific reasons in support of the same. iv. All the contentions of the parties are kept open. v. The parties shall appear before the Deputy Registrar on 7 th October, 2009 at 11.00 a.m. and obtain necessary directions. 3. In view of the above, the writ petition as well as Notice of Motion No.507 of 2009 stands disposed of with no orders as to costs. (S.J.KATHAWALLA J.)