Bombay High CourtWP/2824/2017disposed off

Sunil Manmal Jain v. The Divisional Joint Registrar And ORS.

2017-03-08Hon'Ble Shri Justice R.M. Savant.2 pages

(908 & 909)-WP-2823 & 2824-17.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2823 OF 2017 Mr. Praful Agarwal ..Petitioner

Versus

The Divisional Joint Registrar, Co-op. Societies, Mumbai Division, Mumbai and others ..Respondents Mr. K. J. Hakani for the Petitioner.

Mr. S. D. Rayarikar, AGP for the Respondent Nos.1, 2 and 5. Mr. Rohit Gupta a/w Mr. Nikhil Rajani i/by M/s. V. Deshpande & Co., for the Respondent No.3.

ALONGWITH WRIT PETITION NO.2824 OF 2017 Mr. Sunil Manmal Jain ..Petitioner

Versus

The Divisional Joint Registrar, Co-op. Societies, Mumbai Division, Mumbai and others ..Respondents Mr. K. J. Hakani for the Petitioner in both the Writ Petitions. Mr. S. D. Rayarikar, AGP for the Respondent Nos.1, 2 and 5. Mr. Nikhil Rajani i/by M/s. V. Deshpande & Co., for the Respondent No.3.

CORAM : R. M. SAVANT, J.

DATE : 8th MARCH, 2017 P.C.

In view of the fact that a remedy by way of a revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960, is available to the Petitioners, it is not necessary to entertain the above BGP.

(908 & 909)-WP-2823 & 2824-17.doc.

Petitions. By relegating the Petitioners to the said remedy, the above Petitions are disposed of. To facilitate the Petitioners moving an application for stay of the orders impugned in the Revisions, there would be status-quo upto 10.04.2017 as the Assembly is presently in session and the Revisionary Authority may not be available for consideration of the Revision Applications or the stay application. The Petitioners would be at liberty to apply for continuation of the stay before the Revisionary Authority. The Revisionary Authority to hear and decide the Revision Applications latest by 30.04.2017. If any interim relief application is filed, the same would be decided within two weeks from the date when it is moved before the Revisionary Authority. The stay applications as well as the Revision Applications would be decided on their own merits and in accordance with law uninfluenced by the instant order. [R.M.SAVANT, J] BGP.