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 from the petitioners' failure 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 because the petitioners had made misstatements of facts regarding the furnishing of documents and had obtained an extension of interim relief on 22 August 2014 without disclosing that no interim order was made on 4 July 2014. The court considered these objections. Regarding the first objection, the court held that it was not preliminary because the entire petition concerned the non-furnishing of documents, and the issue would be considered on merits. Regarding the second objection, the court noted that on 4 July 2014, there was confusion about the receipt of a copy of respondent no. 4's reply, and the matter was adjourned without continuing the interim order. On 22 August 2014, when respondent no. 4 was absent, the court continued the interim order till the next date. The court found that the petitioners' counsel failed to mention that no order was made on 4 July 2014, but this did not warrant dismissal as the petition was dismissed on other grounds. Ultimately, the court dismissed the writ petition, upholding the sanction for prosecution.
Headnote
A) Co-operative Law - Sanction for Prosecution - Section 148 Maharashtra Co-operative Societies Act, 1960 - Validity of Sanction - The petitioners failed to furnish documents to respondent no. 4 despite orders, leading to sanction for prosecution by respondent no. 1 - Court held that the issue of misstatement regarding furnishing of documents is not preliminary and must be considered on merits (Paras 3-4).
B) Civil Procedure - Interim Relief - Non-Disclosure - Extension of Interim Order - The petitioners obtained extension of interim relief on 22 August 2014 without disclosing that no order was made on 4 July 2014 - Court held that this amounted to non-disclosure of material facts, but the petition was dismissed on merits (Paras 4-6).
Issue of Consideration
Whether the sanction for prosecution under Section 148 of the Maharashtra Co-operative Societies Act, 1960, was validly granted and whether the petition should be dismissed on preliminary objections of misstatement and non-disclosure.
Final Decision
The writ petition is dismissed. The impugned order dated 20 November 2012 granting sanction under Section 148 of the Maharashtra Co-operative Societies Act, 1960, is upheld.
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-disclosure of material facts in interim applications may lead to dismissal
- preliminary objections must be considered on merits.
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 for prosecution under Section 148 of the Maharashtra Co-operative Societies Act, 1960.
Remedy Sought
Petitioners sought to quash the sanction order dated 20 November 2012.
Filing Reason
Petitioners failed to furnish documents to respondent no. 4 despite orders, leading to sanction for prosecution.
Previous Decisions
Ad interim relief was granted on 24 April 2013 and continued until 13 June 2014; on 4 July 2014, no order was made continuing the interim relief; on 22 August 2014, the interim order was continued till the next date.
Issues
Whether the sanction for prosecution under Section 148 of the Maharashtra Co-operative Societies Act, 1960, was validly granted.
Whether the petition should be dismissed on preliminary objections of misstatement and non-disclosure.
Submissions/Arguments
Respondent no. 4 argued that the petition should be dismissed in limine due to misstatements of facts regarding furnishing of documents and non-disclosure of the fact that no interim order was made on 4 July 2014.
Petitioners' counsel argued that the preliminary objections were not valid and the sanction was invalid.
Ratio Decidendi
The sanction for prosecution under Section 148 of the Maharashtra Co-operative Societies Act, 1960, was validly granted as the petitioners failed to furnish documents despite orders. The preliminary objections regarding misstatement and non-disclosure were not sufficient to dismiss the petition in limine, but the petition was dismissed on merits.
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.
On 22 August 2014, when the matter was called out, respondent no. 4 was not present. However the learned Senior Advocate for the petitioners pointed out that respondent no. 4 normally appears in person and thereafter with a view to afford opportunity to respondent no. 4, the matter was stood over to 5 September 2014. It was directed that the interim order granted earlier was to continue till the next date.
Procedural History
The writ petition was filed in 2013 challenging the sanction order dated 20 November 2012. Ad interim relief was granted on 24 April 2013 and continued until 13 June 2014. On 4 July 2014, no order was made continuing the interim relief. On 22 August 2014, the interim order was continued till the next date. The matter was heard on 1 October 2014 and judgment reserved, pronounced on 14 October 2014.
Acts & Sections
- Maharashtra Co-operative Societies Act, 1960: Section 148
