The District Deputy Registrar Co Operative Societies Ii Eastern Suburb Mumbai v. Olaf Dsilva And ORS

BDP-SPSBHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1181 OF 2024 by BHARAT DASHARATH PANDIT Date: 2024.04.10 19:08:19 +0530 WRIT PETITION NO. 10469 OF 2022 The District Deputy Registrar Co-operative Societies (II), Eastern Suburb Mumbai ..... Applicant.

In the matter between Mr. Olaf D Silva and Ors.

..... Petitioners.

V/s The District Deputy Registrar Co-operative Societies (II), Eastern Suburb, Mumbai .....Respondents.

----- Mr. A.I. Patel, Addl. G.P. a/w Mrs. Priyanka B. Chavan, AGP a/w Tejas Kapre, AGP for the Applicant in IA/1181/2024. Mr. Rahul Gaikwad a/w Mr. Aman Jhawar i/b Gravitas Legal for the Petitioners.

----- CORAM: A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE: 10th APRIL, 2024 P.C.:- 1] This Interim Application is taken out by the original Respondent No.1 for following substantial reliefs:- "(a) That this Hon'ble Court may be pleased to peruse the record of the proceedings and thereafter pass appropriate Order to the Home Department as well as to 1/3

the Mira Road Police Station to handover the charge of the properties, documents, bank accounts and statements to the Applicant, so that the same can be put to an auction and after realization by auction sale to distribute the same to the claimants including claimants under MPID Act, 1999."

"(b) That this Hon'ble Court may be pleased to direct the parties to co-operate in disposing application E-filing No. (AMH20230056310C202300003) filed by the Applicant before the Hon'ble Civil Judge Senior Division, Thane and to dispose off the same as expeditiously as possible in view of the facts of the case stated herein above." 2] We are informed that subsequent to the order dated 08/03/2023 passed by this Court in Writ Petition No.10469 of 2022, there are proceedings initiated under MPID Act, 1999. The Applicant has filed Misc. Civil Application E-filing No. (AMH20230056310C202300003) with the Court of the Civil Judge, Senior Division, Thane which is pending. In the light of this fact, present Interim Application can be disposed of by granting prayer clause (b) which reads as under:- "(b) That this Hon'ble Court may be pleased to direct the parties to co-operate in disposing application E-filing No. (AMH20230056310C202300003) filed by the Applicant before the Hon'ble Civil Judge Senior Division, Thane 2/3

and to dispose off the same as expeditiously as possible in view of the facts of the case stated herein above." 3] The aforesaid application be disposed of as expeditiously as possible and in any case within a period of three months from today. 4] This Interim Application is accordingly disposed of. 5] Parties to act on authenticated copy of this order. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J.] 3/3