Shribhav Co-Op. Hsg. Soc. Ltd. v. Maharashtra State Co-Op. Appellate Court, Mumbai And ORS

k 1/2 5 caw 1702.17 in wp as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1702 OF 2017 IN WRIT PETITION NO.5024 OF 2016 WITH WRIT PETITION NO.5024 OF 2016 Shribhav Co-operative Housing Society Ltd.

....Applicant/Petitioner V/S Maharashtra State Co-operative Appellate Court, Mumbai & Ors.

....Respondents ...

Mr. Vivek V. Salunke for the Applicant/Petitioner. None for Respondent.

...

CORAM

: SANDEEP V. MARNE, J.

DATE : NOVEMBER 4, 2023.

P.C.:

CIVIL APPLICATION:

The Civil Application is filed for restoration of Writ Petition dismissed for non-prosecution on 14 June 2017. For the reasons stated in the Civil Application, the same is allowed. The Writ Petition is restored.

katkam 1/2

k 2/2 5 caw 1702.17 in wp as.doc WRIT PETITION:

By this Petition, the Petitioner-Society challenges order dated 5 December 2015 passed by the Maharashtra State Co-operative Appellate Court, Mumbai. By that order, the Co-operative Appellate Court has set aside the judgment and order passed by the Co-operative Court on 18 November 2014 by which the Respondent was directed to pay Rs.1,10,305/- to the Society. After setting aside the order of the Cooperative Court, the Co-operative Appellate Court remanded the proceedings to Co-operative Court for deciding afresh. By now a period of eight years elapsed from the date of remand by the Co-operative Appellate Court. Upon being enquired, the learned Counsel appearing for the Petitioner is unable to state the exact status about the remanded proceedings before the Co-operative Court.

In my view, no purpose would be to served in examining the correctness of the order dated 5 December 2015, which merely remands the proceedings before the Cooperative Court. The Petitioner shall be entitled to raise all the contentions before the Co-operative Court, in case the proceedings still remain pending before it.

With these clarifications, the Writ Petition is disposed of. (SANDEEP V. MARNE, J.) katkam 2/2