LAWS(BOM)-2014-10-47

JYOTINDRA R. SHAH Vs. THE DIVISIONAL JT. REGISTRAR

Decided On October 14, 2014
Jyotindra R. Shah Appellant
V/S
The Divisional Jt. Registrar Respondents

JUDGEMENT

(1.) Rule, with the consent of the parties, Rule was made returnable forthwith.

(2.) In the course of final hearing on 1 October 2014, Ms Meena Pomal respondent no. 4, who appears in person urged that this petition be dismissed in limine, inter alia on the following grounds:-

(3.) In so far as the first objection is concerned, the same can by no means be regarded to be 'preliminary'. This is because the entire dispute in the present petition concerns the non furnish of certain documents by the petitioners to respondent no. 4, despite orders for furnish, thereby prompting the respondent no. 1 to grant a sanction under Section 148 of the Maharashtra Co-operative Societies Act, 1960 (said Act) for prosecution of the petitioners. This issue shall therefore have to be taken up whilst considering whether the impugned order dated 20 November 2012 granting sanction as aforesaid was validly made.