Khar Meenakshi Chsl v. The District Dy. Registrar Co-Operatives Soc. Mumbai 3 And ORS.

12.WP.4340.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4340 OF 2018 Khar Meenakshi Co-operative Housing Society Ltd. ... Petitioner V/s.

The District Deputy Registrar & Ors.

... Respondents Mr. Joel D'Souza i/b Mr. S.M. Kamble for the Petitioner. Mr. Birendra Saraf a/w Ms. Nita Mandhyan for Respondent Nos.2, 3(a) to 3(c).

CORAM :

A.A. SAYED AND RAVINDRA V. GHUGE, JJ.

DATE :

18th APRIL, 2018.

P.C. :

The learned Counsel for the parties in peculiar facts of this case, are agreed to the following order being passed : i) Respondent Nos.2, 3(a) to 3(c) shall deposit 50% of the amount under the Recovery Certificate with the Petitioner Society within a period of two weeks from today.

Waghmare 1/2

12.WP.4340.18.doc ii) The Petitioner Society shall deposit the said amount in Fixed Deposit in a Nationalized Bank till the disposal of the Revisional Application filed by the Respondent No.2, 3(a) to 3(c).

iii)In the event, the Respondent Nos.2, 3(a) to 3(c) succeed in the Revisional Application filed by them, the Petitioner Society shall refund the amount to Respondent Nos.2, 3(a) to 3(c) within a period of four weeks from the date of the order of the Divisional Joint Registrar. iv) The Divisional Joint Registrar shall decide the Revision Application expeditiously.

The Petition is disposed of in the aforesaid terms. (RAVINDRA V. GHUGE, J.) (A.A. SAYED, J.) Waghmare 2/2