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Bombay High CourtWP/4648/2022disposed off

Havre Green Park Sahajeevan Phasel Chs Ltd. Co-Op Hou. Soc. Thr. Vilas Phadtare v. Avinash B. Patil And ORS

2022-04-19Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice Madhav J. Jamdar2 pages

21-CWP-4648-2022.DOC Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4648 OF 2022 Havre Green Park Sahajeevan Phase-1 CHS Ltd.

...Petitioner

Versus

Shri. Avinash B. Patil & Ors.

...Respondents

Mr. Akshay R. Kapadia, for the Petitioner.

Mr. S.S. Panchpor, AGP for the State-Respondents. BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2022.04.22 10:29:26 +0530

CORAM

Revati Mohite Dere & Madhav J. Jamdar, JJ.

DATED:

19th April 2022 PC:- 1.

By this petition, the Petitioner seeks quashing and setting aside of the impugned show cause notice dated 25.02.2022 issued by the Respondent No.77 against the Executive Committee members of the Society.

2.

Considering the relief sought and the order that we propose to pass, it is not necessary to issue notice to Respondent Nos.1 to 75. 3.

Learned counsel for the petitioner states that he is ready to participate in the proceedings before the District Deputy Registrar, however, if any adverse order is passed against the Petitioner by the Respondent No.77 i.e. District Deputy Registrar, the same should not be given effect to, for a period of two weeks, from the date of the said order.

19th April 2022

21-CWP-4648-2022.DOC 4.

Accordingly, the proceedings before the Respondent No. 77 to continue, however, if any adverse order is passed against the Petitioner, the same shall not be given effect to, for a period of two weeks from the said order.

5.

It is made clear, that we have not examined the merits of the case and as such, all contentions of all the parties are kept open. 6.

The petition is disposed of in the aforesaid terms. 7.

All concerned to act on the authenticated copy of this order. (Madhav J. Jamdar, J) (Revati Mohite Dere,J) 19th April 2022