M/S. Sojar Motors Private Limited v. The State Of Maharashtra And ORS.
Yadav VG 1 908.wp.6224.17.odt.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPEALLATE JURISDICTION WRIT PETITION NO. 6224 OF 2017 M/S. Sojar Motors Private Limited ..Vs.. The State of Maharashtra & Ors.
Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders.
Court's or Judge's orders Mr. A. S. Khandeparkar a/w Ms. Apoorva Khandeparkar I/by. Amogh Karandikar for Petitioner.
Ms. V. S. Nimbalkar, AGP for Respondent Nos. 1,4 and 5.
Mr. Vishal C. Ghosalkar for Respondent No.3.
Mr. Pradeep D. Dalvi for Respondent No.6.
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CORAM
: K. K. TATED, J.
DATE : AUGUST 04, 2017.
P.C. :
.
Heard learned Counsel for parties.
2.
By this Petition under Article 227 of the Constitution of India Petitioner is challenging the Judgment/Order dated 31st May, 2017 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai in Revision Application No.
191 of 2017.
Yadav VG 2 908.wp.6224.17.odt. 3.
The learned Counsel for Petitioner submit that they preferred Revision Application No. 191 of 2017 before the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai to challenge the impugned order dated 17th January, 2017 in respect of deciding the auction price of sale of the property belonging to the Petitioner.
4.
The learned Counsel for Petitioner submit that the said Revision Application is pending for hearing and final disposal on its own merits. Hence, on last occasion this Court directed the learned AGP to take instructions how much time the Authority will take to decide the Revision Application No. 191 of 2017.
5.
The learned AGP after taking instruction makes a statement that the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai will take at least six months to decide the said Revision Application on its own merits.
6.
In view of this statement, the learned Counsel for Petitioner submit that matter may be disposed of with those directions.
7.
The learned Counsel for Petitioner further submit that Petitioner may be
Yadav VG 3 908.wp.6224.17.odt. permitted to join Mr. Vijay Manikrao Gaikwad and Abhijeet Bhanudas Tekavade as Respondent - party in Revision Application No. 191 of 2017 as they are the subsequent purchasers of the suit property. The same is permitted by consent of both the parties. Hence, the following order.
ORDER
(a) The Divisional Joint Registrar, Cooperative Societies, Mumbai Division, Mumbai to decide the Revision Application No. 191 of 2017 as early as possible, but in any case within six months from the receipt of the copy of this order on its own merits by giving permission to all the parties to file their affidavit.
(b) Petitioner is permitted to carry out amendment in Revision Application No 191 of 2017 by joining Mr. Vijay Manikrao Gaikwad and Abhijeet Bhanudas Tekavade as Respondent - party in Revision Application.
(c) Petitioner to carry out appropriate amendment in Revision Application No. 191 of 2017 pending before the Divisional Joint Registrar, Co-operative Societies, Mumbai within two weeks from today and serve
Yadav VG 4 908.wp.6224.17.odt. amended copy of Revision Application on all Respondents.
(d) Writ Petition stand disposed of with these directions.
(K.K.TATED, J.)