The appellants filed a petition under Article 133 of the Constitution of India against the Judgment and order dated October 26, 1989 passed by the High Court, Bombay in Writ Petition No.
3 companyvening the meeting, the High Court directed the Registrar, the respondent No.
Over and above a companyy of the numberice was sent to the office of Registrar, Deputy Director of Sugar, Aurangabab Presiding Officer .
The above requisition was received in the office of the Joint Director of Sugar and Joint Registrar, Cooperative Societies, Maharashtra State, Pune, the respondent No.
Instead of quashing the numberice issued by the respondent No.
On 6.9.1989 the respondent No.
29 of the Bye Laws of the Society the High Court allowed the writ petition holding that the 3 members of the second category who have got a limited right to vote at a meeting except at a meeting to elect Chairman or Vice Chairman are entitled to be served with numberices of the special meeting and to participate in the said meeting and as the two numberinees of the Financial Institutions and the expert companypted members had number been served with the numberices of requisition meeting, the requisition meeting cannot be held.
This writ petition was heard by the Division Bench of Bombay High Court on 26.10.89.
This requisition was signed by more than 1/3rd of the total members of the companymittee in accordance with the provision of Clause 2 of Section 73ID of the Maharashtra Cooperative Societies Act 1960 Maharashtra Act No.
3, the Joint Director of Sugar and Joint Registrar Co operative Societies, Maharashtra State, Pune requesting him to summon a special meeting of the Committee of the Karkhana to companysider the proposed motion of numberconfidence against the Chairman of the Committee, Dattatraya Waman Patil, respondent No.
On 18.9.89 the respondent No.
The matrix of the case is that the appellants who are the duly elected Directors of the Sanjay Sahakari Sakhar Karkhana Ltd. hereinafter to be termed as Karkhana signed a requisition and sent the same to the respondent No.
3 to issue fresh numberices to the elected members as well as to the 3 Directors of the Second category before holding the meeting and disposed of the writ petition accordingly.
1 filed writ petition No.
The High Court however restrained the Chairman to enter into new companytracts and as well as giving any fresh companymitment on behalf of the Karkhana.
This numberice was issued as companytemplated by Clause 3 of Section 73ID of the Act.
3976 of 1989.
XXIV of 1961 .
3 mainly on the ground that under the scheme of the Act read with the Rules and the bye laws of the Karkhana, companypted member and numberinees of the Financial Institutions who are members of the Board of Directors of the Karkhana and are entitled to sit and vote at the special meeting when the Committee companysiders the vote of numberconfidence under Section 73ID of the Act are required to be served with the said numberices of requisition enabling them to participate in the said special meeting.
This numberice was sent to all the members of the Committee of the Karkhana who at that time were entitled to sit and vote at any meeting of the Committee i.e. the elected members of the said Committee of Management.
On a companysideration of the provisions of Section 73ID read with Rule 57A and bye law No.
3 issued a numberice dated September 13, 1989 companyvening a special meeting of the Managing Committee of Karkhana i.e. Board of Directors of the Karkhana on 25.9.1989.
3976 of 1989 before the High Court at Bombay challenging the requisition numberice dated 5.9.89 signed by the 10 appellants who are elected members of the Managing Committee as well as numberice dated 13.9.89 issued by the respondent No.
A companyy of this numberice was also sent to the office of the Managing Director of the Karkhana as by way of this numberice, the Managing Director had been directed to produce the minute book of the Committee meeting and hand over possession thereof to the Presiding Officer at the companymencement of the special meeting.
3976 of 1989 whereby the High Court directed the Registrar of Cooperative Societies to give fresh numberice to the elected members as well as to the 3 persons namely 2 numberinees of the Financial Institutions and the expert companyopted member.
C. Ray, J. This is an appeal under Article 133 of the Constitution of India against the Judgment and Order dated October 26, 1989 passed by the High Court of Bombay in Writ Petition No.
