High CourtsDivision Bench(2017) 09 DEL CK 0125

Pramod Bhaichand Raisoni vs Central Registrar Of Cooperative Socities And Anr

Delhi High Court · Decided on 25 September 2017

HON’BLE JUDGES
Hima Kohli, J · Deepa Sharma, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 8560 Of 2017, Civil Miscellaneous No. 35236, 35237 Of 2017

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Judgment

12 paragraphs · 250 words
1.

The petitioner is aggrieved by an order dated 27.10.2015 passed by the respondent No.1/Central Registrar of Cooperative Societies under Section

86 of the Multi-State Cooperative Societies Act, 2000, appointing the respondent No.2 as a Liquidator of Bhaichand Hirachand Raisoni Multi-State

Cooperative Society Limited, having its registered office at Jalgaon, Maharashtra. The petitioner also seeks to assail an order dated 19.06.2017 passed

by the Appellate Authority, dismissing his appeal against the order dated 27.10.2015, passed by the respondent No.1.

2.

We may note that the present petition has been listed before us with an objection raised by the Registry with regard to its maintainability, for lack of

territorial jurisdiction. We have perused the averments made in the present petition and are prima facie of the opinion that even though a part of the

cause of action may have arisen in this Court as the impugned orders have been passed by authorities based in Delhi, that alone would not be a

persuasive factor for the reason that a substantial part of the cause of action has arisen in the State of Maharashtra.

3.

At this stage, Mr Munjal, learned Senior Counsel appearing for the petitioners, states, on instructions, that he may be permitted to withdraw the

present petition while reserving the right of the petitioner to approach the Competent Court vested with territorial jurisdiction to entertain the present

petition, i.e., the Bombay High Court.

4.

Leave, as prayed for, is granted. The petition is disposed of along with the pending applications.