Blue Hills Co-Operative Hsg. Soc. Ltd. And ORS. v. Mr. Arunhatia And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2027 OF 2014 Blue Hills Co-operative Housing Society Ltd.

and others .. Petitioners

Versus

Mr. Arun Bhatia and others .. Respondents Shri. P. S. Dani, Senior Advocate i/by Shri. N. V. Khaladkar, for the Petitioners.

Shri. Rhishikesh Ganu & Ms. Pranali Savant, for the Respondent Nos.1, 3 & 4.

Shri. Sachindra B. Shetye, for the Respondent No.2. Shri. S. D. Rayrikar, AGP for the Respondent Nos.5 & 6. CORAM : R.M. SAVANT, J.

DATE : 27th MARCH, 2015 P.C.

1.

The above Petition has been filed challenging the order dated 20.01.2014 passed by the Respondent No.6 i.e. Divisional Joint Registrar, Pune. By the said order the stay application filed by the Petitioners in the Revision Application filed by them came to be rejected. The said Revision Application has been filed against the order dated 06.12.2013 passed by the Deputy Registrar, Co-operative Societies, Pune, directing that an inquiry be held against some of the members of the managing committee of the Petitioner No.1 society. The above Petition had come up for

admission on 27.02.2014 on which day after issuing notice, ad-interim relief in terms of prayer clause (c) of the above Petition came to be granted. As a result of the grant of prayer clause (c) the further steps pursuant to the order dated 06.12.2013 have been stayed. Since the Revision Application filed by the Petitioners is pending and since there is a stay operating by virtue of the order dated 27.02.2014 in the above Petition for more than a year, in my view, it would be just and proper to direct the Revisionary Authority i.e. Divisional Joint Registrar, Cooperative Societies, Pune to hear and decide the said Revision Application No.11 of 2014 within a particular time frame. The Divisional Joint Registrar, Co-operative Societies is accordingly directed to hear and decide the Revision Application latest by 15.06.2015. 2.

This Court has not gone into the merits of the challenge raised in the above Petition, in view of the fact that the Revision is pending before the Revisionary Authority, it would therefore be before the Revisionary Authority that the parties would urge their contentions. Needless to state that the Revisionary Authority would consider the said Revision Application on its own merits and in accordance with law. The continuation of the stay should not be construed as any expression of opinion on the merits of the matter. The parties to appear before the Revisionary Authority i.e. the Divisional Joint Registrar on 07.04.2015.

The Divisional Joint Registrar, thereafter to fix the schedule for hearing of the said Revision Application as per his convenience, however to decide the same within the outer limit fixed by the instant order. The stay granted vide order dated 27.02.2014 passed in the above Petition would continue till disposal of the Revision Application. With the aforesaid directions the Writ Petition is disposed of.

[R.M. SAVANT, J]