Shri. Krishnarao Shivajirao Thorat And ANR. v. Shri. Chaundeshwari Nagari Sahakari Pat Sanshta Ltd. And ORS.

wp-4093-15-(40)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4093 OF 2015 Krishnarao Shivajirao Thorat ..Petitioner Vs.

Shri Chaundeshwari Nagri Sahakari Pat Sanstha & Ors ..Respondents Mr. A. M. Adagule for the Petitioner Mr. S. D. Rayrikar AGP for the Respondent No.3 CORAM :

R. M. SAVANT, J.

DATE :

6th July, 2015 P.C.

The Writ Jurisdiction of this court is invoked against the order dated 19-5-2014 passed by the Revisionary Authority i.e. the Divisional Joint Registrar, Co-operative Societies, Kolhapur Division Kolhapur, by which order, the Revision Application filed by the Petitioner challenging the auction proceedings came to be dismissed on the ground of non compliance of Section 154(2A) of the Maharashtra Co-operative Societies Act. In terms of the said Section 154(2A) the Revision Applicant is required to make a pre-deposit of 50% of the amount in question with the concerned society. That being not done so by the Petitioner, the instant Revision Application came to be dismissed. The Learned Counsel for the Petitioner states that the Petitioner is ready and willing to deposit 50% of the amount as contemplated by Section 154(2A) in view of the fact that the Revision Application is dismissed on the mmj

wp-4093-15-(40) said ground of non deposit of the amount covered by Section 154(2A). In my view, it would be just and proper to grant liberty to the Petitioner to file a fresh application under Section 154 by making the said predeposit as contemplated under Section 154(2A). If any such Revision Application is filed by the Petitioner by making the necessary compliance of Section 154(2A), the Revisionary Authority would entertain the said application on its own merits and in accordance with law and the fact that the earlier Revision Application has been dismissed would not come in the way of the Petitioner. This indulgence is shown to the Petitioner on the basis of the statement made by the Learned Counsel for the Petitioner to the effect that though the auction has been held, the possession has not been taken. The fresh Revision Application to be filed within two weeks from date by making the necessary compliance of the deposit under Section 154(2A). If the same is not filed within two weeks, the right to file the Revision Application would stand forfeited.

With the aforesaid directions the Writ Petition is disposed of The parties to act upon an ordinary copy of this order duly authenticated by the Court Shirestedar.

[R.M.SAVANT, J] mmj