Mr. Peregrine Virendra Dominic Julian Gomes v. The Dy. Reg. Co-Op. Soc. K West Ward And ORS.

12-wp-3929-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3929 OF 2019 Mr. Peregrine Virendra Dominic Julian Gomes ..Petitioner.

Versus

The Deputy Registrar & Ors.

..Respondents.

__________ Mr. Peregrine V. Dominic Julian Gomes, present in the Court. Mr. S. S. Panchpor, A.G.P. for Respondent Nos.1 & 3. __________ CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATED : 02nd JANUARY, 2020.

PC :

1.

Heard Mr. Peregrine Virendra Dominic Julian Gomes, party in person and learned AGP for the respondent Nos.1 and 3.

2.

By this writ petition under Article 226 and 227 of the Constitution of India, the petitioner is challenging the order dated 29/12/2018 passed by the Deputy Registrar, Cooperative Societies "K-West" Ward, Mumbai in Application No.17 of 2018 U/s.101 of the Maharashtra Co-Operative Societies Act, 1960, holding that the petitioner is liable to pay to the respondent society sum of Rs.5,96,777/- towards the arrears of maintenance charges.

3.

Learned AGP for the State submits that the Writ V.B.Gokhale

12-wp-3929-19 petition filed by the petitioner is not maintainable. He submits that U/s.154 of the said Act, Review is maintainable. Therefore, the writ petition is required to be dismissed with costs.

4.

We have heard both the sides at length. Admittedly, by this petition, the petitioner is challenging the order dated 29/12/2018 passed by the Deputy Registrar under section 101 of the said Act, against which the revision is maintainable.

5.

In view of the above mentioned facts, we are of the opinion that the other efficacious remedy is available to the petitioner to challenge the order dated 29/12/2018. 6.

Hence, the writ petition stands dismissed.

7.

No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) ----- V.B.Gokhale