1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3068 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 3068 OF 2011 *** 1. Heard Advocate Mr. Hon for Petitioner, Advocate Mr. Shinde for Respondent No.4, learned A.G.P. for Respondent Nos.1 to 3. 2. The petitioners have already expressed their desire to supply the copies and that has been recorded by this Court while issuing notice. Today again Advocate Mr. Hon has stated that the document at serial No.1 of Exhibit-B (page 34 with writ petition) is already supplied to Respondent No.4. The copy of document at Serial NO.5 was forwarded by R.P.A.D. but was not claimed. He further states that copies of documents at serial Nos.2, 3 are already available and can be made over to Respondent No.4, or his counsel or can be forwarded by R.P.A.D. He, after noticing that Respondent No.4 claims to be 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3068 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. guarantor of loan account of Sau. Sulabha Ashoklal Baheti also, upon instructions, agrees to supply copy of that statement to Respondent No.4. 3. Respondent No.4 has urged that copies were not forwarded or supplied since 10th May, 2010 for practically one year. The claim that copy of document at serial No.5 was sent is being disputed with contention that the audit report for the financial year ending in 2010 came to be supplied. It is further contended that though the State Information Act in force in Maharashtra has been repealed, provisions of section 32 of Maharashtra Cooperative Societies Act, 1960 are very much in force and Respondent No.4 being member is entitled to the copies. 4. Shri Hon contends that section 32 of 1960 Act entitles Respondent No.4 only to 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3068 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. inspection. He further contends that Respondent No.4 was Secretary along with present Petitioner in managing committee from 1998 till 2003. According to him, Respondent No.4 has got cordial relations with Respondent No.3 and hence Respondent No.3 is going out of turn to see that some how the managing committee is superseded. He also invites attention to orders passed by Division Bench of this Court in L.P.A. to point out objection raised by present Respondent no.4 therein to grant of interim protection to these petitioners. 5. This Court has already made observations about the threatened action under section 78 (1) and has directed Respondent No.3 to file personal affidavit in view of allegations of bias against him in the matter. That affidavit has been filed on 28th April, 2011 by Respondent No.3. 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3068 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 6. The petitioners can hand over copies of documents at serial Nos.2 to 5 to Advocate Mr. Shinde who appears for Respondent no.4. Similarly, the copies can also be additionally forwarded by R.P.A.D. to Respondent Nos.3 to 4. All this be complied by 6th May, 2011. 7. The Respondent No.3 shall then examine the desirability and necessity of proceeding further with the matter after hearing present petitioner and Respondent No.4. Appropriate orders, in this respect, shall be passed by Respondent No.3 in accordance with law. The petitioners can challenge those orders, if the same are found adverse by them. 8. The charges for copy (roughly) of Rs. 1,000/- and shall be deposited by Respondent No.4 with the office of Petitioner by 10th 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 3068 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. May, 2011. 9. With liberty to parties to approach this Court again if the contingency therefor arises, present writ petition is disposed of. 10. In view of this, no orders are required to be passed on civil application No.5886 of 2011 and same is disposed of as infructuous. [B.P.DHARMADHIKARI, J.] Dated:2/05/2011. ans/3068