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Bombay High CourtWP/5995/2017dismissed

Janakalyan Sahakari Bank Ltd. v. The Divisional Joint Registrar Co-Operative Societies, Mumbai Div. And ORS.

2018-08-08Hon'Ble Shri Justice R.D. Dhanuka2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7203 OF 2017 ALONGWITH WRIT PETITION NO.5995 OF 2017 ALONGWITH R.C.NO. 703 OF 2018 Jankalyan Sahakari Bank Ltd.

..... Petitioner

VERSUS

The Divisional Joint Registrar, Co-operative Societies, Mumbai Division & Ors.

..... Respondents Mr.Omkar Warange for the Petitioner.

Mr.S.H.Kankal, A.G.P. for the State - Respondent no.1. Mr.M.Mangle for the Respondent no.3.

CORAM :

R.D. DHANUKA, J.

DATE :

8th AUGUST, 2018 P.C.

Learned counsel appearing for the petitioner does not dispute that an application for recall of the impugned order is already filed by the petitioner in all aforesaid three matters and the said application for recall is still pending before the learned Divisional Joint Registrar. He seeks to withdraw aforesaid three matters with liberty to pursue the said application for recall of the order dated 28th March,2016. 2.

The aforesaid writ petitions are dismissed as withdrawn with liberty as prayed.

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The learned Divisional Joint Registrar is directed to dispose of the said application for recall of the order dated 28th March,2016 within two months from the date of the first meeting. 4.

It is made clear that this court has not expressed any views on the merit of the matter. All contentions on merit are kept open. 5.

It is made clear that during the pendency of the application for recall filed by the petitioner, the Flying Squad shall not submit any report before the learned Divisional Joint Registrar. 6.

The parties are directed to appear before the learned Divisional Joint Registrar on the date already fixed by the learned Divisional Joint Registrar and shall not seek any unnecessary adjournment. 7.

The parties to act on the authenticated copy of this order. [R.D. DHANUKA, J.]