w w w . L a w y e r S e r v i c e s . i n



Jeevan Niwas Co-operative Housing Society Ltd. & Another v/s The State of Maharashtra through Department of Co-operation & Textiles, Mantralaya & Others


Company & Directors' Information:- I C TEXTILES LIMITED [Active] CIN = L18101WB1983PLC035976

Company & Directors' Information:- T C S TEXTILES PRIVATE LIMITED [Amalgamated] CIN = U17111TZ1995PTC005857

Company & Directors' Information:- V R V TEXTILES LIMITED [Active] CIN = U17110AP2005PLC045224

Company & Directors' Information:- S V HOUSING PRIVATE LIMITED [Active] CIN = U70109DL2006PTC150816

Company & Directors' Information:- K K P TEXTILES PRIVATE LIMITED [Active] CIN = U17115TZ1984PTC003986

Company & Directors' Information:- A B T TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ2003PTC010513

Company & Directors' Information:- V M R TEXTILES PRIVATE LIMITED [Active] CIN = U17121TZ2008PTC014812

Company & Directors' Information:- V R TEXTILES PRIVATE LIMITED [Under Liquidation] CIN = U17111TZ1995PTC006793

Company & Directors' Information:- P V S TEXTILES PRIVATE LIMITED [Under Liquidation] CIN = U17115TZ1988PTC002259

Company & Directors' Information:- H L TEXTILES LIMITED [Active] CIN = U17115DL1990PLC040966

Company & Directors' Information:- K C TEXTILES LIMITED [Active] CIN = L74899DL1979PLC009471

Company & Directors' Information:- CO-OPERATIVE COMPANY LIMITED [Active] CIN = U51226DL1910PLC299886

Company & Directors' Information:- CO-OPERATIVE COMPANY LIMITED [Active] CIN = U51226UP1910PLC000093

Company & Directors' Information:- V R TEXTILES PRIVATE LIMITED [Amalgamated] CIN = U17111TZ1956PTC000266

Company & Directors' Information:- F T TEXTILES PRIVATE LIMITED [Active] CIN = U17120MH2010PTC198723

Company & Directors' Information:- S K S TEXTILES LIMITED [Active] CIN = U17000MH1997PLC111406

Company & Directors' Information:- S K S TEXTILES PRIVATE LIMITED [Active] CIN = U17000MH1997PTC111406

Company & Directors' Information:- P M TEXTILES INDIA PRIVATE LIMITED [Active] CIN = U17111TZ2005PTC011677

Company & Directors' Information:- O T TEXTILES PVT LTD [Active] CIN = U17299WB1988PTC045004

Company & Directors' Information:- A P A TEXTILES INDIA PRIVATE LIMITED [Active] CIN = U17111TZ2004PTC011413

Company & Directors' Information:- J A TEXTILES PRIVATE LIMITED [Active] CIN = U18101DL2003PTC119613

Company & Directors' Information:- A D TEXTILES PRIVATE LIMITED [Active] CIN = U45201DL2005PTC133552

Company & Directors' Information:- P N S TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ2003PTC010796

Company & Directors' Information:- V G P HOUSING PRIVATE LIMITED [Active] CIN = U65922TN1972PTC006240

Company & Directors' Information:- H. M. B. S. TEXTILES PRIVATE LIMITED. [Active] CIN = U18101DL2008PTC174991

Company & Directors' Information:- H. M. B. S. TEXTILES PRIVATE LIMITED. [Active] CIN = U45100DL2008PTC174991

Company & Directors' Information:- C. S. TEXTILES PRIVATE LIMITED [Active] CIN = U17120WB2010PTC142976

Company & Directors' Information:- D D TEXTILES PRIVATE LIMITED [Active] CIN = U17115PB1997PTC020098

Company & Directors' Information:- J B M TEXTILES PRIVATE LIMITED [Active] CIN = U51311DL2004PTC127811

Company & Directors' Information:- B & C TEXTILES PRIVATE LIMITED [Active] CIN = U17299DL1996PTC081977

Company & Directors' Information:- B R HOUSING PVT LTD [Active] CIN = U45203WB1995PTC073083

Company & Directors' Information:- P S NIWAS PRIVATE LIMITED [Active] CIN = U45200WB2007PTC113370

Company & Directors' Information:- D D TEXTILES (INDIA) PRIVATE LIMITED [Active] CIN = U17290PB2011PTC035147

Company & Directors' Information:- T B S TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC006253

Company & Directors' Information:- A. P. M. TEXTILES PRIVATE LIMITED [Active] CIN = U17121TN2007PTC062118

Company & Directors' Information:- C & R TEXTILES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC058093

Company & Directors' Information:- S E TEXTILES PRIVATE LIMITED [Active] CIN = U74899DL1994PTC057922

Company & Directors' Information:- G T M TEXTILES PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1993PTC055402

Company & Directors' Information:- G K S HOUSING LIMITED [Amalgamated] CIN = U45201TN1996PLC036147

Company & Directors' Information:- R V J TEXTILES PRIVATE LIMITED [Active] CIN = U17116AP1998PTC029328

Company & Directors' Information:- S V G TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ2003PTC010889

Company & Directors' Information:- H V S TEXTILES PRIVATE LIMITED [Active] CIN = U18101TN1997PTC037762

Company & Directors' Information:- S R N TEXTILES PRIVATE LIMITED [Active] CIN = U18101TZ1993PTC004709

Company & Directors' Information:- K M TEXTILES PRIVATE LIMITED [Active] CIN = U17100MH2011PTC223718

Company & Directors' Information:- R. J. HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2007PTC114792

Company & Directors' Information:- C N V TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1993PTC004624

Company & Directors' Information:- N S G TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1999PTC008832

Company & Directors' Information:- C P R TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC004932

Company & Directors' Information:- D S V TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1994PTC005248

Company & Directors' Information:- A N M B T TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1996PTC007087

Company & Directors' Information:- L S D TEXTILES LIMITED [Active] CIN = U17115TZ1991PLC003293

Company & Directors' Information:- INDIA HOUSING LIMITED [Active] CIN = U45200PN2008PLC131883

Company & Directors' Information:- G R G TEXTILES LIMITED [Strike Off] CIN = U17111TZ1995PLC006708

Company & Directors' Information:- R D HOUSING PVT LTD [Active] CIN = U70101WB1996PTC081099

Company & Directors' Information:- V G TEXTILES PRIVATE LIMITED [Active] CIN = U17115TZ1989PTC003055

Company & Directors' Information:- G V D TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1983PTC001351

Company & Directors' Information:- K V TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17111TZ1990PTC002969

Company & Directors' Information:- R C TEXTILES PRIVATE LIMITED [Strike Off] CIN = U51311MH1997PTC112439

Company & Directors' Information:- N S U K TEXTILES PRIVATE LIMITED [Active] CIN = U17122TN2009PTC072399

Company & Directors' Information:- R P G TEXTILES PRIVATE LIMITED [Active] CIN = U17111UP1984PTC006487

Company & Directors' Information:- T M TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17115TZ1982PTC001222

Company & Directors' Information:- G C HOUSING PRIVATE LIMITED [Active] CIN = U45201DL2003PTC122011

Company & Directors' Information:- C M TEXTILES LIMITED [Active] CIN = U99999MH1980PLC023595

Company & Directors' Information:- P R TEXTILES (INDIA) LTD [Active] CIN = L17299WB1980PLC033057

Company & Directors' Information:- P S TEXTILES PRIVATE LIMITED [Active] CIN = U17115PB1992PTC012064

Company & Directors' Information:- S G TEXTILES INDIA PRIVATE LIMITED [Active] CIN = U17116WB1997PTC084025

Company & Directors' Information:- K D S TEXTILES PVT LTD [Active] CIN = U17119GJ1988PTC010893

Company & Directors' Information:- B A TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC005906

Company & Directors' Information:- S L P TEXTILES PRIVATE LIMITED [Active] CIN = U17219WB2007PTC113540

Company & Directors' Information:- A S P TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1985PTC001615

Company & Directors' Information:- R G TEXTILES PVT LTD [Strike Off] CIN = U17111WB1992PTC057339

Company & Directors' Information:- D C M TEXTILES LIMITED [Active] CIN = U74899DL1996PLC076626

Company & Directors' Information:- K K V TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17111TZ2002PTC010352

Company & Directors' Information:- R L F TEXTILES LTD [Strike Off] CIN = U19100TG1984PLC004897

Company & Directors' Information:- D P F TEXTILES PRIVATE LIMITED [Active] CIN = U17115TZ1953PTC000048

Company & Directors' Information:- M A TEXTILES PRIVATE LIMITED [Active] CIN = U17100MH1988PTC049578

Company & Directors' Information:- R N TEXTILES PVT LTD [Active] CIN = U17111WB1985PTC038484

Company & Directors' Information:- V M K TEXTILES PRIVATE LIMITED [Active] CIN = U17299DL2007PTC159355

Company & Directors' Information:- A P TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17111TZ1994PTC005208

Company & Directors' Information:- D AND T TEXTILES PVT LTD [Strike Off] CIN = U17111PB1993PTC014005

Company & Directors' Information:- G S TEXTILES PVT LTD [Strike Off] CIN = U17124RJ1982PTC002445

Company & Directors' Information:- J. D. HOUSING PRIVATE LIMITED [Active] CIN = U45309PN2016PTC166622

Company & Directors' Information:- J C TEXTILES PRIVATE LIMITED [Active] CIN = U74899DL1985PTC021279

Company & Directors' Information:- M J TEXTILES PRIVATE LIMITED [Active] CIN = U17299CH1991PTC011571

Company & Directors' Information:- D K NIWAS PRIVATE LIMITED [Active] CIN = U70101WB2007PTC118159

Company & Directors' Information:- A N HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400UP2008PTC035479

Company & Directors' Information:- J. D. TEXTILES PRIVATE LIMITED [Active] CIN = U17291HR2007PTC037065

Company & Directors' Information:- J & K TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17111JK1983PTC000607

Company & Directors' Information:- P S G V TEXTILES PRIVATE LIMITED [Under Process of Striking Off] CIN = U17111TZ1985PTC001617

Company & Directors' Information:- H & G TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17120MH2008PTC179114

Company & Directors' Information:- B L TEXTILES PRIVATE LIMITED [Amalgamated] CIN = U18101DL2005PTC141251

Company & Directors' Information:- N D TEXTILES PRIVATE LIMITED [Under Process of Striking Off] CIN = U17120MH1996PTC098362

Company & Directors' Information:- J S B K TEXTILES PRIVATE LIMITED [Active] CIN = U18101UP1993PTC015268

Company & Directors' Information:- R S K TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17111TZ1997PTC007852

Company & Directors' Information:- G. J. TEXTILES PRIVATE LIMITED [Active] CIN = U17290WB2008PTC125509

Company & Directors' Information:- F M TEXTILES PRIVATE LIMITED [Active] CIN = U17299WB2004PTC099533

Company & Directors' Information:- V H TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ2000PTC009307

Company & Directors' Information:- D L HOUSING PRIVATE LIMITED [Active] CIN = U45400WB2009PTC135703

Company & Directors' Information:- K P U TEXTILES PRIVATE LIMITED [Active] CIN = U17120KA2015PTC083217

Company & Directors' Information:- G M K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069486

Company & Directors' Information:- G N M TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1980PTC000975

Company & Directors' Information:- S P TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17111TZ1995PTC006496

Company & Directors' Information:- R S M TEXTILES INDIA PRIVATE LIMITED [Strike Off] CIN = U17111TZ2005PTC011608

Company & Directors' Information:- R G HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC052735

Company & Directors' Information:- S B TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17200WB2007PTC119989

Company & Directors' Information:- JEEVAN HOUSING LIMITED [Strike Off] CIN = U45201TN1995PLC031189

Company & Directors' Information:- B B HOUSING PRIVATE LIMITED [Strike Off] CIN = U70109WB1997PTC084775

Company & Directors' Information:- S P K TEXTILES PRIVATE LIMITED [Strike Off] CIN = U51311KA1981PTC004560

Company & Directors' Information:- J J TEXTILES LTD [Strike Off] CIN = U51226WB1984PLC037980

Company & Directors' Information:- P V K TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1995PTC005805

Company & Directors' Information:- B S R HOUSING PRIVATE LIMITED [Strike Off] CIN = U70102AP2005PTC048146

Company & Directors' Information:- K G TEXTILES PRIVATE LIMITED [Active] CIN = U17111TZ1986PTC001770

Company & Directors' Information:- B S N TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17111TZ1995PTC006808

Company & Directors' Information:- R P J TEXTILES LIMITED [Active] CIN = U17120TZ2013PLC019661

Company & Directors' Information:- A P R TEXTILES INDIA PRIVATE LIMITED [Strike Off] CIN = U18101TZ2009PTC015699

Company & Directors' Information:- M. P. HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200UP2007PTC033329

Company & Directors' Information:- M K H TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17122KA2010PTC056172

Company & Directors' Information:- S N TEXTILES PVT LTD [Active] CIN = U17299WB1989PTC045878

Company & Directors' Information:- OPERATIVE INDIA PRIVATE LIMITED [Active] CIN = U74300KA2008FTC048079

Company & Directors' Information:- S K J HOUSING PRIVATE LIMITED [Active] CIN = U63023WB1999PTC089993

Company & Directors' Information:- S S NIWAS PRIVATE LIMITED [Strike Off] CIN = U74999WB2011PTC168780

Company & Directors' Information:- S V R HOUSING INDIA PRIVATE LIMITED [Strike Off] CIN = U45200AP2009PTC064511

Company & Directors' Information:- R K HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032252

Company & Directors' Information:- J HOUSING PRIVATE LTD [Active] CIN = U74899DL1980PTC010338

Company & Directors' Information:- K P A HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201TN2005PTC055354

Company & Directors' Information:- V. D. P. HOUSING PRIVATE LIMITED [Active] CIN = U70102UP2012PTC054142

Company & Directors' Information:- M. D. TEXTILES PRIVATE LIMITED [Active] CIN = U18104DL2009PTC188566

Company & Directors' Information:- V S TEXTILES PRIVATE LIMITED [Strike Off] CIN = U74899DL1987PTC028660

Company & Directors' Information:- S D J TEXTILES INDIA PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC137407

Company & Directors' Information:- G R E HOUSING PRIVATE LIMITED [Active] CIN = U70102AP2008PTC061004

Company & Directors' Information:- K B TEXTILES PVT LTD [Strike Off] CIN = U99999MH1981PTC024167

Company & Directors' Information:- G M HOUSING PRIVATE LIMITED [Strike Off] CIN = U99999MH1994PTC076203

Company & Directors' Information:- A K TEXTILES PVT LTD [Strike Off] CIN = U17111OR1989PTC002216

Company & Directors' Information:- N H TEXTILES PVT LTD [Converted to LLP] CIN = U17119GJ1989PTC012639

Company & Directors' Information:- K N TEXTILES PRIVATE LIMITED [Converted to LLP] CIN = U17119GJ1989PTC012640

Company & Directors' Information:- A V P TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17100MH2004PTC148927

Company & Directors' Information:- M L TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17111UP1994PTC016274

Company & Directors' Information:- R B D TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17110MH2004PTC144244

Company & Directors' Information:- A S A TEXTILES PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U17299DL2006PTC156585

Company & Directors' Information:- J N TEXTILES PRIVATE LIMITED [Active] CIN = U18101DL2005PTC133038

Company & Directors' Information:- K K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200DL2012PTC232532

Company & Directors' Information:- A J TEXTILES PRIVATE LIMITED [Strike Off] CIN = U18101UP1987PTC008611

Company & Directors' Information:- G M TEXTILES PVT LTD [Strike Off] CIN = U17124RJ1980PTC002020

Company & Directors' Information:- G. L TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17120MH1972PTC015600

Company & Directors' Information:- V R HOUSING PRIVATE LIMITED [Strike Off] CIN = U45201AP1998PTC030550

Company & Directors' Information:- K R V TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17219TN2008PTC067823

Company & Directors' Information:- A. S. HOUSING PRIVATE LIMITED [Active] CIN = U45209PB2012PTC036226

Company & Directors' Information:- J V C TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17111TZ2007PTC014008

Company & Directors' Information:- U D TEXTILES COMPANY PRIVATE LIMITED [Strike Off] CIN = U74990MH2011PTC214136

Company & Directors' Information:- S. N. HOUSING PRIVATE LIMITED [Active] CIN = U45400MH2010PTC202407

Company & Directors' Information:- V A TEXTILES PRIVATE LIMITED [Converted to LLP] CIN = U17100MH2003PTC139499

Company & Directors' Information:- A-1 TEXTILES PRIVATE LIMITED [Active] CIN = U17115PN2006PTC022178

Company & Directors' Information:- M G TEXTILES PRIVATE LIMITED [Strike Off] CIN = U18100MH2005PTC151631

Company & Directors' Information:- P & M HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC229509

Company & Directors' Information:- D. H. HOUSING PRIVATE LIMITED [Active] CIN = U70102MH2012PTC237322

Company & Directors' Information:- N K HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200MH2003PTC139304

Company & Directors' Information:- MAHARASHTRA STATE HOUSING CORPN LTD [Active] CIN = U45202MH1974SGC017807

Company & Directors' Information:- C S R HOUSING PRIVATE LIMITED [Active] CIN = U45400TG2012PTC078681

Company & Directors' Information:- K-HOUSING PRIVATE LIMITED [Strike Off] CIN = U45200TN2009PTC070655

Company & Directors' Information:- L R HOUSING PRIVATE LIMITED [Active] CIN = U70100TG2013PTC089981

Company & Directors' Information:- K N S HOUSING PRIVATE LIMITED [Active] CIN = U45400DL2007PTC167504

Company & Directors' Information:- R C HOUSING PRIVATE LIMITED [Active] CIN = U74899DL1988PTC032258

Company & Directors' Information:- G. S. P. TEXTILES PRIVATE LIMITED [Active] CIN = U17121DL2007PTC161055

Company & Directors' Information:- H R M TEXTILES PRIVATE LIMITED [Active] CIN = U17200DL2012PTC243028

Company & Directors' Information:- N C TEXTILES PRIVATE LIMITED [Strike Off] CIN = U18101DL1999PTC098931

Company & Directors' Information:- A N TEXTILES PRIVATE LIMITED [Strike Off] CIN = U18101DL2005PTC137126

Company & Directors' Information:- W B HOUSING COMPANY PRIVATE LIMITED [Strike Off] CIN = U70109DL2013PTC250413

Company & Directors' Information:- S A R TEXTILES PRIVATE LIMITED [Active] CIN = U51311DL2005PTC137288

Company & Directors' Information:- B G HOUSING PRIVATE LIMITED [Active] CIN = U70101DL2004PTC124095

Company & Directors' Information:- M S C TEXTILES INDIA PRIVATE LIMITED [Under Process of Striking Off] CIN = U74140KA2014PTC073277

Company & Directors' Information:- B & B TEXTILES PRIVATE LIMITED [Strike Off] CIN = U18100GJ2012PTC071872

Company & Directors' Information:- D G TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17111DL1994PTC058228

Company & Directors' Information:- J. S. TEXTILES PRIVATE LIMITED [Strike Off] CIN = U29221UP1978PTC004562

Company & Directors' Information:- R R TEXTILES PVT LTD [Active] CIN = U17115CH1988PTC008260

Company & Directors' Information:- R K TEXTILES PRIVATE LIMITED [Strike Off] CIN = U99999MH1960PTC011821

Company & Directors' Information:- A K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2007PTC056210

Company & Directors' Information:- M K Y HOUSING PRIVATE LIMITED [Strike Off] CIN = U45400TG2008PTC059752

Company & Directors' Information:- G M R HOUSING PRIVATE LIMITED [Under Process of Striking Off] CIN = U70102TG2002PTC038792

Company & Directors' Information:- R R H TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17121DL2006PTC152944

Company & Directors' Information:- R H TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17121DL2006PTC153520

Company & Directors' Information:- H R TEXTILES PRIVATE LIMITED [Strike Off] CIN = U17126DL2006PTC152949

Company & Directors' Information:- THE MAHARASHTRA TEXTILES LIMITED [Under Liquidation] CIN = U99999MH1940PTC003146

Company & Directors' Information:- THE HOUSING CORPORATION LIMITED [Dissolved] CIN = U99999MH1946PLC010719

    Writ Petition No. 9759 of 2010

    Decided On, 16 March 2020

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE C.V. BHADANG

    For the Petitioners: Kalpesh Nansi a/w. Sayeed Mulani, Advocates. For the Respondents: R1 to R3, V.S. Nimbalkar, AGP, R4, Kinjal Jain a/w. Shaba Khan i/b. R.V. Govilkar, Advocates.



Judgment Text


1. The challenge in this petition under Article 227 of the Constitution of India is to the order dated 8/11/2010 passed by the second respondent Hon’ble Minister for Cooperation, Marketing and Textiles, thereby setting aside the order dated 15/1/2009 passed by the third respondent Divisional Joint Registrar of Co-operative Societies. The net result is that the challenge raised by the fourth respondent to the certificate of registration of the petitioner No.1 society has been upheld.

2. The brief facts necessary for the disposal of the petition may be stated thus –

That the petitioner No.1 is a society registered under the Maharashtra Co-Operative Societies Act, 1960 (‘Act” for short). The petitioner society is registered as per order passed by the Deputy Registrar of Co-operative Societies, Mumbai on 16/1/1987. According to the petitioners, the building of the society comprises of 14 constructed units, out of that the purchasers of 10 units from the developer M/s. Jeevan Development Corporation, had joined in the formation of the society. The remaining four unsold units were held by the developer M/s. Jeevan Development Corporation which are shown as “unsold flats”. In respect of these four units, the said Corporation is the member of the society holding share certificate Nos.11 to 14 issued in the year 1988-89.

3. The fourth respondent / complainant who is seeking deregistration of the petitioners’ society was a partner of M/s. Jeevan Development Corporation. According to the petitioners, there were outstanding dues in respect of the unsold flats to the extent of Rs.75 Lakhs as on 30/11/2010. In the year 1997, the society had applied for certificate under Section 101 of the said Act which was granted by the Deputy Registrar and which order was confirmed in revision application by the Divisional Joint Registrar. There is a chequered history to the litigation between the parties. For the limited purpose of deciding the present petition, it is not necessary to set out the same in details. Suffice it to mention that in August 2004 the fourth respondent filed an application before the learned Divisional Joint Registrar of the Co-operative Societies, challenging the certificate of registration of the petitioner No.1 issued on 16/1/1987. The learned Divisional Joint Registrar rejected the application on 15/1/2009 which was challenged by the fourth respondent before the second respondent in Revision Application No.213/2009 under Section 154 of the said Act. The second respondent by the impugned order dated 11/11/2010 has allowed the revision application and has set aside the order dated 15/1/2009 passed by the Divisional Joint Registrar of Co-operative Societies. The second respondent has directed de-registration of the society under Section 21A of the said Act, which order is subject matter of challenge in this petition.

4. I have heard Mr. Kalpesh Nansi, the learned counsel for the petitioners, learned AGP for the respondent Nos.1 to 3 / State and Mr. Govilkar, the learned counsel for the respondent No.4. With the assistance of the learned counsel for the parties, I have gone through the record.

5. It is submitted by the learned counsel for the petitioners that the revision application was heard by the Hon’ble Minister on 9/9/2009 and the same was closed for orders. Thereafter, belatedly the respondent No.4 filed an application on 29/7/2010 for rehearing of the same on the ground that he had not received the notice on the earlier occasion. In pursuance of the same, the Hon’ble Minister reheard the matter on 17/8/2010, in absence of the petitioners and the impugned order came to be passed. It is submitted that the petitioners were never served of any notice of the re-hearing which was conducted by the Hon’ble Minister on 17/8/2010 which is in breach of the principles of natural justice.

6. It is next submitted that the petitioners had filed a written synopsis of the arguments on 11/9/2009 which have not been considered by the Hon’ble Minister which would be evident from the fact that the Hon’ble Minister records that there were no written or oral submissions made by the petitioners in spite of an opportunity being granted. It is submitted that the impugned order of deregistration entails civil consequences and the same cannot be passed in flagrant breach of principles of natural justice. In this regard reliance is placed on the decision of this Court in the case of Oshiwara Co-operative Housing Society Ltd. and others Vs. State of Maharashtra and others (in Writ Petition No.2790/2010) decided on 7/7/2011 in which insimilar circumstances the matter was remitted back to the Hon’ble Minister. Reliance is also placed on the decision of this Court in the case of Kumbhargaon Vividh Karyakari Sahakari Seva Society Ltd. Vs. Assistant Registrar, Co-op. Societies, Patan and Ors. 1993 (1) Bom.C.R. 586.

7. It is submitted that in such circumstances, it would be appropriate that the matter is remitted back to the Hon’ble Minister instead of this Court assuming the powers of the appellate revisional authority. Reliance in this regard is placed on the decision of the Hon’ble Supreme Court in the case of State of Uttar Pradesh and Others Vs. Raja Ram Jaiswal and Others AIR 1985 SC 1108.

8. The learned counsel has pointed out that the petitioners had filed Civil Application No.1883/2019 in this petition seeking to amend the petition by raising the ground of violation of principles of natural justice. That application was dismissed by this Court on 23/9/2019 which was challenged by the petitioners before the Hon’ble Supreme Court in Special Leave Petition No.27784/2019. The Hon’ble Supreme Court while permitting to withdraw said SLP on 29/11/2019 had granted liberty to the petitioners to raise the legal question about the absence of the hearing by the Hon’ble Minister.

9. On the contrary, Mr. Govilkar, the learned counsel for the respondent No.4 has submitted that on 9/9/2009 hearing was conducted before the Hon’ble Minister in the absence of the respondent No.4. It is pointed out that the copy of the synopsis of the arguments dated 11/9/2009 of the petitioners were never served on the respondent No.4. It is in these circumstances that on 16/7/2010 a letter was addressed to the Hon’ble Minister followed by an application dated 29/7/2010 for re-hearing of the matter. It is submitted that a letter was issued on 3/8/2010 fixing the hearing on 7/8/2010 to all the concerned parties. It is the specific contention on behalf of the respondent No.4 that one Mr. Vijay Pamnani alongwith one security supervisor, were present on behalf of the petitioners society before the Minister on 17/8/2010 and therefore the ground of alleged breach of principles of natural justice, in the submission of Mr. Govilkar, cannot be accepted.

10. It is pointed out that the petitioners have never made out a case about absence of the notice of hearing dated 17/8/2010. It is submitted that amendment to that effect was sought to be made after nine years of the admission of the petition which amendment was rejected. It is contended that although there is no roznama regards the attendance of the parties, Mr. Vijay Pamnani was present during the course of the hearing as a representative of the society. It is submitted that the observation in the impugned order passed by the second respondent that there were no oral or written submissions made on behalf of the petitioners (the respondent No.1 before the Minister) despite opportunity, is not strictly correct. It is submitted that even otherwise the opportunity to file the written submission on 11/9/2007 is sufficient compliance with the rule of audi alterm partem and oral submission is not necessary or essential requisite in every case.

11. It is submitted that the promoter had made a statement which was found to be fraudulent and in the nature of misrepresentation on the basis of which the society was registered and that aspect is never challenged and therefore order cancelling the registration which was otherwise granted on the basis of misrepresentation need not be interfered with. It is submitted that petitioners have not shown as to how they are prejudiced on account of the alleged absence of the hearing by the respondent No.2. Lastly, it is submitted that the challenge in this petition is beyond the scope of Article 227 of the Constitution of India as per the decision of the Supreme Court in the case of Shalini Shyam Shetty Vs. Rajendra Shankar Patil (2010) 8 SCC 329.

12. I have considered the submissions made. The record discloses that the Hon’ble Minister heard the oral submissions on 9/9/2009 and the matter was closed for orders. The petitioners filed written submissions on 11/9/2009. It is only on 29/7/2010 that the respondent No.4 sought rehearing of the matter on the ground that he was not present during the earlier hearing. It thus appears that Hon’ble Minister decided to rehear the matter and such rehearing was scheduled on 17/8/2010. The material contention on behalf of the petitioners is that the petitioners were neither noticed nor were present on 17/8/2010 and thus the impugned order passed upon holding of the rehearing behind their back is vitiated on account of the breach of principles of natural justice.

13. It is contended on behalf of the respondent No.4 that on 17/8/2010 one Mr. Vijay Pamnani alongwith one security supervisor were present on behalf of the society. However, it is not disputed that there is no roznama / record of proceedings showing the presence of Mr. Vijay Pamnani or anybody else on behalf of the society.

14. It is true that this ground was not initially raised by the petitioners in the petition and an application being Civil Application No.1883/2019 was filed seeking the amendment by introduction of para 22(B) as under –

22 B) It is submitted that after the date of the hearing, i.e. 9th September, 2009, oral submissions were made on behalf of the Petitioner, thereafter the matter was closed for orders. The petitioner sought permission to file written submissions and accordingly the written submissions were submitted on 11th September, 2009 by the petitioner. It appears from the impugned order that after a period of about eleven months after the matter was closed was orders the Respondent No.2 posted the matter for re-hearing on 17th August, 2010 on an application made by the Respondent No.4. The petitioners were not present on that date and in their absence and without hearing them the impugned order was passed Ex-parte against the petitioners. Thereafter, the impugned order was received by the petitioner society.

15. It is further a matter of record that the said application was dismissed by this Court on 23/9/2019, which was challenged by the petitioners before the Hon’ble Supreme Court in SLP No.27784/2019. That SLP was permitted to be withdrawn on 29/11/2019 with the following order.

ORDER

Learned counsel for the petitioner has submitted that the petitioner will raise the legal question that hearing was not granted while the matter was reheard for the second time and in case the final decision is rendered against it, the petitioner may be permitted to question the order dated 23/3/2019 passed by the High Court afresh, in accordance with law.

Both the above mentioned liberties are granted.

The special leave petition is, accordingly, permitted to be withdrawn.

16. It can thus clearly be seen that in terms of the opportunity granted by the Hon’ble Supreme Court, the petitioners are permitted to raise the legal question about the absence of hearing when the matter was reheard by the Hon’ble Minister.

17. In order to appreciate the rival contentions, learned Additional Government Pleader was asked to produce the record of the proceedings before the Hon’ble Minister which is accordingly produced. I have gone through the same. The record does not indicate the presence of Mr. Vijay Pamnani or anybody else on behalf of the petitioners society on 17/8/2010. That apart what is significant is that the Hon’ble Minister in the impugned order records that there was no oral submissions or written submissions by the petitioners in the matter. It is totally contrary to the record in as much as the petitioners were heard on 9/9/2009 and there are also written submission on record which are filed on 11/9/2009. It is not disputed on behalf of the respondent No.4 that the said observation is “not strictly correct”. However, according to the learned counsel for the respondent No.4 the written submissions were already on record which are sufficient. The contention in my considered view cannot be accepted for more reasons than one firstly, filing of such submissions, is not always an alternative to oral submissions. That apart the impugned order records that there were neither oral submissions nor written submissions filed by the petitioners which would indicate that the Hon’ble Minister had no occasion to consider the oral submissions or the contents of the written submission which were there on record. Once it is found that the Hon’ble Minister had not considered written submissions on the erroneous assumption that there are no written submissions filed, even the filing of the written submissions in this case cannot be said to be sufficient compliance of the principles of natural justice. It would have been entirely a different case, had the Hon’ble Minister been cognizant of the filing of the written submissions and would have conside

Please Login To View The Full Judgment!

red the same while passing the impugned order. 18. Coming to the rehearing held on 17/8/2010, there is absolutely no record that the petitioners were either noticed or were heard on the said date. There is also no record to show that any representative of the petitioners was present before the Hon’ble Minister on 17/8/2010. In such circumstances, in my considered view, the impugned order cannot be sustained for want of compliance with the principles of natural justice which go to the root of the matter. It cannot be accepted that there is no prejudice as such caused to the petitioners in as much as registration of the petitioners society which was subsisting from the year 1987 stood cancelled in the year 2010. Thus, without going into the merits of the matter, I find that the petition has to partly succeed and the matter needs to be remanded to the Hon’ble Minister for deciding it afresh on its own merits and in accordance with law. In the result, the following order is passed. ORDER 1. The petition is partly allowed. 2. The impugned order is hereby set aside. 3. Appeal No.213/2009 is restored back to file of the concerned Hon’ble Minister for deciding it afresh on its own merits and in accordance with law. 4. The parties to appear before the Hon’ble Minister on 15/4/2020 at 3.00 p.m. 5. The rival contentions on merits are left open. 6. Rule is partly made absolute in the aforesaid terms with no order as to costs.
O R