wp3208.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.3208/2011 Pramod Nathuji Manmode -vs- The State of Maharashtra and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri S. V. Bhutada, learned counsel for the petitioner. Ms T. Khan, learned AGP for the respondents No.1 and 2. Shri Deshpande, learned counsel for the respondent No.3. Shri Dhatrak, learned counsel for the respondent No.4. CORAM : R. M. SAVANT, J. DATED : 29/07/2011. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 04/05/2011 passed by the Revisional Authority i.e. the Hon’ble Minister of Cooperative, Government of Maharashtra, by which order the Revision application filed by the respondent No.4 herein came to be partly allowed and the Revisional Authority remanded the matter back to the Appellate Authority for a de novo consideration. The remand is ordered by the Revisional Authority for the reasons mentioned in the impugned order, the same find place in paragraph No.4 of the impugned order. According to the Revisional Authority, the Audit Report in question has not been properly construed by the Appellate Authority. The Revisional Authority has further observed that how the money wp3208.11.odt 2/3 came to be transfered into the account of M/s. Nirmal Developers has also not been properly appreciated by the Appellate Authority. It has further been observed that the remand was necessitated, in view of the fact that it was not the case of the petitioner herein, who was the non-applicant in the said proceedings, that the said amount came to be deposited into the loan account of M/s. Nirmal Developers from the money receipt from sale of flats by M/s. Nirmal Developers to M/s. Sagar and Anand Developers. The Revisional Authority has lastly observed that the Appellate Authority has swayed by the fact that Criminal Application Nos.3227/2008 and 4007/2008 had been allowed by this Court. However, after passing of the order by the Appellate Authority, it seems, in the Special Leave Petition filed by the State against the judgment and order in the said Criminal Applications, notice has been issued to the parties. In my view, considering the issue of disqualification under Section 37FF (1) (i) of the Maharashtra Co-operative Societies Act, 1960 and also taking into consideration the grounds on which the remand has been ordered by the Revisional Authority, the said grounds, in my view, cannot be faulted with. In that view of the matter, no case for interdiction is made out. It is also required to be noted that pursuant to the remand order, the proceedings have been restarted before the Commissioner of Cooperatives & Registrar (Cooperative Societies), Government of Maharashtra and the proceedings listed for hearing tomorrow. It appears that by an order passed wp3208.11.odt 3/3 by the Division Bench of this Court dated 13th July, 2011, the said proceedings have been directed to be disposed of expeditiously. The Writ Petition is accordingly dismissed. In so far as the issue whether the appeal would lie is concerned, the learned counsel for the petitioner contends that since the petitioner has not been declared as a defaulter by any order passed by any authority, the proceedings are misconceived. It is for the petitioner to urge the said contention before the Authority. JUDGE KHUNTE