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Bombay High CourtWP/5675/2024disposed off

Sunrise Venetia Co Op Hsg Soc Ltd v. State Of Maharashtra Thr The Principle Secretary And ORS

2024-05-10Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

10 WP-5675-24.doc BDP-SPSBHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5675 OF 2024 by BHARAT DASHARATH PANDIT Date: 2024.05.10 18:18:15 +0530 Sunrise Venetia Co-operative Housing Society Limited .... Petitioner.

V/s The State of Maharashtra and Ors.

..... Respondents.

----- Mr. Aseem Naphade a/w Mrs. Leena Shah i/b M/s Shah and Furia Associates, Advocates for the Petitioners.

Mr. N. C. Walimbe, Addl. G.P. with Mrs. R.A. Salunkhe, AGP for the Respondent-State.

Mr. R. B. Singhvi i/b Lex Services, Advocates for Respondent Nos. 5 to 7.

----- CORAM: A.S. CHANDURKAR & JITENDRA JAIN, JJ.

DATE: 10th MAY, 2024 P.C.:- 1] Considering the limited request made, the writ petition is taken up for consideration.

2] Petitioners have challenged the order dated 8/4/2024 passed by the Divisional Joint Registrar by preferring a Revision Application under Section 154 of the Maharashtra Co-operative Societies Act, 1960. In the said Revision Application prayer for stay has also been made. Since this prayer is not being considered, the present writ petition has been filed.

3] In the light of the aforesaid facts, since the Petitioner has already 1/2

10 WP-5675-24.doc availed the statutory remedy available, it is directed that Respondent No.1 shall in accordance with the Order dated 29th April, 2024 consider the prayer for stay on its own merits after hearing all parties within a period of ten days of receiving copy of this order. All points raised on merits are kept open.

4] The writ petition is accordingly disposed of. [ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J.] 2/2