M.R. Shah JUDGMENT
Arun Mishra, J.
1. The question involved in the present matter is whether under the provisions of Section 109 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'the Act') on expiry of the period fixed for liquidation, the proceedings for recovery of dues instituted/pending as against the members, shall stand closed.
2. Goa, Daman and Diu Cooperative Fisheries Federation Limited (hereinafter referred to as 'the Society') was registered under the Act as it is applicable to Goa. The main objective of the Society was to promote fisheries and improve socio-economic condition of the fishermen by providing necessary financial assistance, in order to enable them to procure mechanized fishing boats/trawlers. During the period from 1974 to 1980, the Society advanced loans to its members to the extent of Rs. 316 lacs to purchase engines/hull, winches, nets, etc. by raising loan from the Goa State Cooperative Bank Limited.
3. While granting loan to its members, serious irregularities were committed by the Board of Directors of the Society. Due to which, Registrar of Cooperative Societies filed Misfeasance Case No. 4/1/80.
4. On the basis of enquiry conducted Under Section 83(1) of the Act and in view of the report dated 1.8.1980, the Registrar of Cooperative Societies, Goa passed an interim order on 23.8.1985 Under Section 102(1)(a) of the Act for winding up of the Society. The Registrar of the Cooperative Societies confirmed the order, in exercise of power Under Section 102(2), on 24.1.1986 and appointed Additional Collector of Goa as Liquidator, who continued till 9.12.1991. As liquidation proceedings were not completed, the Registrar on 10.12.1991 appointed Mr. B.N. Pathan, Assistant Registrar of the Cooperative Societies as Liquidator, who continued till 28.2.1992. Yet another Liquidator was appointed by the Registrar on 21.2.1992, who continued till 15.10.1995. The Registrar vide order dated 16.10.1995 appointed Goa State Cooperative Bank as Liquidator in order to ensure speedy recovery of loans from the members of the Society.
5. The Bank in the capacity of Liquidator filed 156 recovery cases against the defaulting members of the Society, to whom the loans were advanced. The amount of outstanding was reduced to Rs. 56 lacs towards principal and Rs. 154 lacs towards interest. Out of 156 cases filed against the defaulting members, 99 appeals were preferred to the Cooperative Tribunal, which were pending adjudication. The recovery could not be completed in view of the pendency of the appeals, interim stay granted by courts etc.
6. In the year 2001, one of the defaulting members of the Society filed Writ Petition No. 35........