Case Note & Summary
The petitioners, Mr. Jyotindra R. Shah and another, filed a writ petition challenging an order dated 20 November 2012 passed by the Divisional Joint Registrar, Co-operative Societies (respondent no. 1), granting sanction under Section 148 of the Maharashtra Co-operative Societies Act, 1960 for their prosecution. The dispute arose because the petitioners failed to furnish certain documents to respondent no. 4, Ms. Meena Pomal, despite orders to do so. Respondent no. 4 appeared in person and raised preliminary objections, arguing that the petition should be dismissed in limine on grounds that the petitioners made misstatements of facts regarding furnishing of documents and that extension of interim relief was obtained without disclosing that no order extending interim relief was made on 4 July 2014. The court considered these objections. Regarding the first objection, the court noted that the entire dispute concerned the non-furnishing of documents, and thus the issue of misstatements would be considered while examining the validity of the sanction order. Regarding the second objection, the court examined the procedural history: ad interim relief was granted on 24 April 2013 and continued regularly until 13 June 2014. On 4 July 2014, there was confusion about receipt of a copy of respondent no. 4's reply, and the matter was adjourned to 18 July 2014 without a specific order continuing the interim relief. On 22 August 2014, when respondent no. 4 was absent, the court directed that the interim order continue till the next date. The court found that the sequence of events showed confusion, and the petitioners' counsel failed to mention the lack of an order on 4 July 2014, but this did not warrant dismissal of the petition. The court dismissed the preliminary objections and proceeded to hear the matter on merits. The judgment was reserved on 1 October 2014 and pronounced on 14 October 2014. The court ultimately dismissed the writ petition, upholding the sanction for prosecution.
Headnote
A) Co-operative Law - Sanction for Prosecution - Section 148 of the Maharashtra Co-operative Societies Act, 1960 - Validity of Sanction - The petitioners failed to furnish certain documents to respondent no. 4 despite orders, prompting the Divisional Joint Registrar to grant sanction under Section 148 for prosecution. The court held that the preliminary objections regarding misstatements and extension of interim relief were not sustainable as the core issue was non-compliance of orders. The petition was dismissed. (Paras 1-6)
Issue of Consideration
Whether the sanction granted under Section 148 of the Maharashtra Co-operative Societies Act, 1960 for prosecution of the petitioners was validly made.
Final Decision
The court dismissed the preliminary objections and proceeded to hear the matter on merits. The writ petition was dismissed, upholding the sanction for prosecution under Section 148 of the Maharashtra Co-operative Societies Act, 1960.
Law Points
- Sanction for prosecution under Section 148 of the Maharashtra Co-operative Societies Act
- 1960
- can be granted if there is failure to furnish documents despite orders
- Non-furnishing of documents despite orders amounts to an offence under the Act
- Preliminary objections regarding misstatements and extension of interim relief are not sustainable if the main issue is about non-compliance of orders.
Case Details
2014 LawText (BOM) (10) 16
Writ Petition No. 489 of 2013 with Civil Application No. 2300 of 2014
Mr. A. A. Kumbhakoni (Senior Advocate) with Mr. Ashutosh Gavnekar, Mr. Amol B. Kharat, and Guru S. i/b. Pillai & Co. for Petitioners; Ms Vaishali Nimbalkar (AGP) for State – Respondent Nos. 1 & 2; Ms Meena Pomal – Respondent No.4 present in person.
Mr. Jyotindra R. Shah & Anr.
The Divisional Jt. Registrar, Co-operative Societies & Ors.
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Nature of Litigation
Writ petition challenging an order granting sanction under Section 148 of the Maharashtra Co-operative Societies Act, 1960 for prosecution of the petitioners.
Remedy Sought
Petitioners sought to quash the order dated 20 November 2012 granting sanction for their prosecution.
Filing Reason
Petitioners failed to furnish certain documents to respondent no. 4 despite orders, leading to the grant of sanction for prosecution.
Previous Decisions
Ad interim relief was granted on 24 April 2013 and continued regularly until 13 June 2014. On 4 July 2014, no order extending interim relief was made. On 22 August 2014, the court directed that the interim order continue till the next date.
Issues
Whether the preliminary objections raised by respondent no. 4 regarding misstatements of facts and extension of interim relief are sustainable.
Whether the sanction granted under Section 148 of the Maharashtra Co-operative Societies Act, 1960 for prosecution of the petitioners was validly made.
Submissions/Arguments
Respondent no. 4 argued that the petition should be dismissed in limine because the petitioners made misstatements of facts regarding furnishing of documents and obtained extension of interim relief without disclosing that no order extending interim relief was made on 4 July 2014.
Petitioners contended that the preliminary objections were not sustainable and the sanction was invalid.
Ratio Decidendi
The court held that the preliminary objections regarding misstatements and extension of interim relief were not sustainable as the core issue was non-compliance of orders to furnish documents. The sanction under Section 148 of the Maharashtra Co-operative Societies Act, 1960 was validly granted.
Judgment Excerpts
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 for prosecution of the petitioners.
Now, if the sequence of events is perused, it is obvious that on account of some confusion with regard to the receipt of copy of respondent no. 4's reply, the learned Senior Advocate for the petitioner failed to make mention to this Court...
Procedural History
The writ petition was filed challenging the order dated 20 November 2012 granting sanction under Section 148 of the Maharashtra Co-operative Societies Act, 1960. Ad interim relief was granted on 24 April 2013 and continued regularly until 13 June 2014. On 4 July 2014, no order extending interim relief was made. On 22 August 2014, the court directed that the interim order continue till the next date. The matter was heard on 1 October 2014 and judgment pronounced on 14 October 2014.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: Section 148
