Abhijeet Mohanrao Shingare v. The Collector And District Magistrate And ORS

508-wpst14156-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.14156 OF 2018 Abhijeet M. Shingare

...Petitioner

V/s.

The Collector & District Magistrate & Ors.

...Respondents

Mr.Piyush Raheja with Mr.Aniket Deshmukh i/b Mr.J.A. Mestry for the Petitioner.

Mr.Prasad L. Gajbhiye for the Respondent No.2. CORAM : R.D. DHANUKA, J.

DATE : 4TH MAY, 2018.

P.C. :- 1.

The papers are allowed to be produced at 3:00 p.m. 2.

It is not in dispute that the revision application filed by the petitioner under section 154 (2A) of the Maharashtra Co-operative Societies Act, 1960 against the impugned order is pending before the Divisional Joint Registrar (Respondent No.3). The petitioner has also filed an application inter-alia praying for condonation of delay in filing the revision application and also preferred a stay application. Learned counsel appearing for the petitioner states that the revision application is now proposed to be heard on 14th May, 2018. The petitioner shall not seek any adjournment on 14th May, 2018 or thereafter when the matter would be heard by the respondent no.3. 1/2

508-wpst14156-18 3.

The respondent no.3 is accordingly directed to dispose of the application for condonation of delay in filing the revision application first after hearing both the parties and if he is satisfied that sufficient cause, if any, is shown by the petitioner in filing the application for condonation of delay, shall proceed with the revision application provided all the conditions prescribed under section 154(2A) of the Maharashtra Co-operative Societies Act, 1960 are complied with by the petitioner.

4.

The respondents shall not take any coercive steps against the petitioner for executing the recovery certificate issued in favour of the respondent no.2 on 10th March, 2017 till the application for condonation of delay is decided by the respondent no.3 and for a period of four weeks thereafter. If the delay is condoned by the respondent no.3, the petitioner would be at liberty to apply for continuation of ad-interim relief before the respondent no.3 during that period.

5.

The writ petition is disposed of in aforesaid terms. No order as to costs.

6.

All the parties to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2