Patel Virendra Indukumar And ORS v. Divisional Joint Registrar, Cooperative Societies Pune And ORS

503-wpst19636-18.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.19636 OF 2018 Patel V. Indukumar & Ors.

...Petitioners

V/s.

Divisional Joint Registrar, Co-op. Pune, & Ors.

...Respondents

Mr.Aditya Bhatt i/b Despoke Legal for the Petitioners. Mr.S.H. Kankal, A.G.P. for the State - Respondent No.1. Mr.Uday Bobde with Mr.Mohan P. Tekavde and Mrs.Swati M.Tekavde for the Respondent Nos.3 and 6.

CORAM : R.D. DHANUKA, J.

DATE : 16TH JULY, 2018.

P.C. :- 1.

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

The matter is argued for some time. Mr.Bobde, learned counsel appearing for the respondent nos.3 and 6 on instructions states that his clients will not take any coercive steps including taking physical possession of the properties against the petitioners for enforcing the recovery certificates dated 23rd March, 2015 and the notices dated 9th April, 2018 issued by the respondent no.4 and the notice dated 14th June, 2018 issued by the respondent no.5 for a period of one week from today. The statement is accepted. 3.

The petitioners are directed to pursue the revision 1/2

503-wpst19636-18.doc application along with the application for condonation of delay and the stay application before the Divisional Joint Registrar under section 154 of the Maharashtra Co-operative Societies Act, 1960. The said proceedings shall be disposed of by the Divisional Joint Registrar on its own merits.

4.

The petitioners would be at liberty to apply for further adinterim relief before the Divisional Joint Registrar which shall be considered by the Divisional Joint Registrar on its own merits subject to the compliance of depositing the amount, if any, under section 154 (2A) of the Maharashtra Co-operative Societies Act, 1960. 5.

It is made clear that this Court has not expressed any views on the merits of the matter. All the contentions of both the parties are kept open.

6.

The writ petition is disposed of in aforesaid terms. There shall be no order as to costs.

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