M/S. Swami Samarth Buidcon v. Divisional Joint Registrar And ORS

501-wp1963-17.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1963 OF 2017 M/s.Swami Samarth Buildcon

...Petitioner

V/s.

The Divisional Joint Registrar, Co-operative Societies & Ors.

...Respondents

Mr.V.S. Kapse i/b Mr.Pramod Kathane for the Petitioner. Mr.S.D. Rayrikar, A.G.P. for the Respondent No.1. Mr.Bhupesh Samant for the Respondent No.2.

CORAM : R.D. DHANUKA, J.

DATE : 24TH JULY, 2018.

P.C. :- 1.

The papers are allowed to be produced at 3:00 p.m. 2.

By this petition, the petitioner seeks to impugn the order dated 24th January, 2017 passed by the Divisional Joint Registrar refusing to condone the delay of 4 years and 3 months in filing the revision application. According to the respondent no.2 bank, the bank has to recover more than Rs.8.00 crores from the petitioner. 3.

A perusal of the record indicates that the petitioner has not explained the gross delay of four years and three months in filing the revision application. The petitioner in question is already mortgaged in favour of other bank also. The petitioner is not willing to deposit any 1/2

501-wp1963-17.doc amount even today. I am thus not inclined to interfere with the impugned order passed by the learned Divisional Joint Registrar. Learned Divisional Joint Registrar is justified in refusing to condone the delay of four years and three months in favour of the petitioner. 4.

The petition is devoid of merit and is accordingly dismissed. There shall be no order as to costs. (R.D. DHANUKA, J.) 2/2