Vijay T. Pamnani And ORS. v. The Dy. Registrar And ORS.

ppn 1 910.wp-7091.18 wt 7092.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7091 OF 2018 Jeevan Niwas CHS Ltd.

.. Petitioner Vs.

The Deputy Registrar & Ors.

.. Respondents ALONG WITH WRIT PETITION NO.7092 OF 2018 Vijay T. Pamnani & Ors.

.. Petitioners Vs.

The Deputy Registrar & Ors.

.. Respondents --- Ms.Gayatri Sharma a/w Mr.Kalpesh J. Nansi and Ms.Farahan Khan for the petitioners in both petitions.

Mr.S.D.Rayrikar, AGP for the respondent nos.1 & 4. Mr.Govilkar i/by M/s.Govilkar & Associates for the respondent no.3. --- CORAM : R.D. DHANUKA, J.

DATE : 7th August 2018 P.C.:

.

Both the petitioner have impugned the order dated 19th May 2018 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division rejecting the revision applications filed by the petitioners in Appeal Nos.199 of 2017 and 239 of 2017 respectively. 2.

By orders dated 4th July 2018 passed by this Court, this Court had granted ad-interim relief in terms of prayer clause (b) and in terms of prayer clauses (b) & (c) which are in force till date.

ppn 2 910.wp-7091.18 wt 7092.18.doc 3.

In my view, interest of justice would be met with if the appeals filed by both the petitioners can be heard expeditiously by the Divisional Joint Registrar and ad-interim relief granted by this Court would be continued for some time.

4.

I therefore pass the following order : - (i) The Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai is directed to dispose of the Appeal Nos.199 of 2017 and 239 of 2017 filed by both the petitioners respectively expeditiously and not later than two months from the date of first hearing after complying with the principles of natural justice and without being influenced by the observations made by the Divisional Joint Registrar in the impugned order dated 19th May 2018.

(ii) Both the petitioners are directed to appear before the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai on 14th August 2018 at 3.00 p.m. without fail in-person or through authorised representatives. If an administrator on the petitionerssocieties is alerady appointed, such administrator can represent the petitioners-societies before the learned Divisional Joint Registrar. (iii) Ad-interim relief granted by this Court on 4th July 2018 in both the writ petitions to continue till disposal of the said appeals and for a period of two weeks from the date of communication of the order if the same is adverse against both the petitioners. (iv) It is made clear that this Court has not expressed any views on merits of the matters.

(v) All contentions of both the parties on merit are kept open.

ppn 3 910.wp-7091.18 wt 7092.18.doc (vi) Both the writ petitions are disposed of in aforesaid terms. No order as to costs.

(vii) Parties to act on the authenticated copy of this order. R.D. DHANUKA, J.