Here's a summary of the recent court case involving Nainesh Sanghvi and others against the State of Maharashtra. The Bombay High Court had a lot to say about cooperative societies and who gets to make decisions!
This case involves several people, including Nainesh Sanghvi, an accountant from Mumbai, and other residents from Mumbai and Ahmedabad. They were up against the State of Maharashtra and various officials associated with cooperative societies in Mumbai.
On October 30, 2018, an investigation was started by the Deputy Registrar of Cooperative Societies in Mumbai. This was to check the records of a housing society from 2012 to 2016. The investigation was later expanded to include up to October 2018. The officials found some money issues and rule-breaking.
Initially, an official named Laxman Laskar was in charge of the investigation. But due to delays, he was replaced by Mr. Sunil Khochre on February 14, 2022. Despite this, Laxman Laskar submitted a report on March 1, 2022, claiming he didn’t know about his replacement.
"The power of an officer starts with his appointment and ends with his replacement."
On October 13, 2022, the managing committee, including Nainesh Sanghvi and the other petitioners, was held responsible for a financial loss of Rs.49,45,673. The petitioners argued against this, saying that some of them weren’t even on the committee during the time of the alleged wrongdoing.
The court, led by Judge Amit Borkar, ruled on November 28, 2025, that the report submitted by Laxman Laskar was not valid because he was no longer in charge. The recovery certificate based on this report was also canceled.
"A report that is not authorized cannot be used for further actions."
The court has sent the case back to the authorities for a new hearing. This time, Mr. Sunil Khochre has to ensure everyone gets a fair chance to present their side.
The court's decision shows how important it is for rules to be followed exactly, especially when it involves large amounts of money and community trust.
