Suryakant V. Mane Deshmukh v. The Divisional Joint Registrar Co-Op. Soc. Pune And ORS

Digitally signed by VARSHA VIJAY RAJGURU Date:

2024.05.10 11:57:58 +0530 VARSHA VIJAY RAJGURU 903-wp-5849-2023.doc varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5849 OF 2023 Suryakant V. Mane Deshmukh ... Petitioner vs.

The Divisional Joint Registrar, Co-operative Societies, Pune and Ors ... Respondents Mr. Yash Dewal h/f. S.S. Kanetkar, for Petitioner. Mr. Pratap Patil, for Respondent Nos. 2 and 3. Mr. B.B. Dahiphale, AGP for Respondent Nos. 1, 4 and 5. CORAM : GAURI GODSE, J.

DATED : 7th MAY 2024 P.C. :- 1.

After arguing the petition for sometime, learned counsel for the petitioner seeks leave to withdraw the petition with liberty to agitate his grievance in the revision application filed before the Divisional Joint Registrar, Cooperative Societies, Pune for challenging order/notice dated 18th September 2018. Learned counsel for the petitioner requests for extension of ad-interim relief granted by this Court for sometime to enable the petitioner to make an appropriate application in the said revision. 2.

Learned counsel for respondent nos. 2 and 3 strongly opposes the prayer for extension of ad-interim protection. He submits that the total outstanding dues as on 31st July 2022 is Page no. 1 of 2

903-wp-5849-2023.doc Rs. 33,53,417/-. He submits that till date no amount has been paid. He further submits that the statement was made before this Court that one time settlement proposal was submitted with the bank. However, the said statement was also false. No proposal was submitted with the bank. He therefore strongly opposes extension of ad-interim protection.

3.

Leave to withdraw the petition is granted with liberty to agitate the grievance in the pending revision. To enable the petitioner to make an appropriate application in the pending revision, the adinterim protection granted by this court on 13th February 2020 is extended for two weeks from today.

4.

It is clarified that respondent nos. 2 and 3 would be at liberty to oppose further extension if any application is filed in the pending revision. All contentions of respondent nos. 2 and 3 to oppose the extension of interim relief are kept open.

5.

Writ Petition is disposed of as withdrawn with liberty as recorded above.

6.

Needless to clarify that, I have not examined the rival contention of the parties on merits. Hence, all contentions of all parties are kept open.

(GAURI GODSE, J.) Page no. 2 of 2