Vishwalaxmi Housing Society Through Its Secretary/Chairman v. Mohan P. Desarda And ORS

42.11603.18-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11603/2018 Vishwalaxmi CHS Ltd.

... Petitioner V/s.

Mohan Desarada & Ors.

... Respondents Mr. Girish Thakur for the Petitioner Mr. R. P. Kadam, AGP for the Respondent State.

CORAM:

K.K. TATED, J.

DATED :

JANUARY 14, 2019 P.C. :

Heard. By this petition under Article 227 of the Constitution of India the Petitioner challenges the order dated 03.01.2018 passed by Respondent No.5 by which the dispute between the parties u/s.21A of the Maharashtra Cooperative Societies Act, 1960 was remanded for fresh hearing to Respondent No.1 Dy. Registrar.

The main contention of the Petitioner is that the said order is passed without giving any opportunity to them to put up their case.

Bare reading of the impugned order shows that the Adv. Girish Thakur appeared on behalf of the Petitioner before Respondent No.5 from time to time. In view of these facts, I do not find any reason to interfere with the impugned order by which the matter is remanded to the Dy. Registrar to decide on its own merits.

Basavraj G. Patil 1/2

42.11603.18-wp.doc Hence, the Writ Petition stands rejected. No order as to costs.

(K. K. TATED, J.) Basavraj G. Patil 2/2