M/S. Aquinos Ark And Farm And ORS v. Citizen Credit Co-Operative Bank Ltd And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.769 OF 2015 M/s. Aquino's Ark & Farm and Others

...Petitioners

versus Citizen Credit Co-operative Bank Limited and Others

...Respondents

Mr. Vaibhav Sugdhare a/w. V.H. Kamble and Samsher Garud i/b. Jaykar and Partners for the Petitioners Mr. Mayur Khandeparkar a/w. Nikhil Rajani i/b. M/s. V. Deshpande & Co. for Respondent No.1.

Ms. Aparna Vhatkar, AGP for Respondent Nos. 2 to 5.

CORAM : M. S. SONAK, J.

DATE : 24TH FEBRUARY 2015 P.C. :- .

Rule, with the consent and request of the learned counsels for the parties, rule is made returnable forthwith.

2.

This petition is directed against the order dated 31st July, 2014 made by the Additional Commissioner, Konkan Division dismissing the petitioners' revision petition against the order 1/4

dated 3rd September, 2013 made by the Collector, Alibagh.

3.

If the impugned order is perused, it will be noted that the revisional authority has after recording submissions and counter submissions on behalf of the parties, quoted the portion of the Collector's order and thereafter stated that it agrees with the same.

4.

In my judgment, this is hardly a satisfactory manner of disposing of revision petition. The revisional authority has merely recorded the conclusion without indicating the reasons for the same. Besides, from the impugned order, it does not appear that all the contentions raised by and on behalf of the petitioners have not been averted to much less considered.

5.

Upon the aforesaid short ground, the impugned order is liable to be set aside and is hereby set aside. The petitioners' revision 2/4

application is restored to the file of the revisional authority.

6.

The revisional authority is directed to once again hear the parties and dispose of the revision petition in accordance with the law. Needless to mention that the revisional authority shall give reasons in respect of any conclusion that it may arrive at. The revisional authority is directed to dispose of the revision petition within a period of five weeks from today.

7.

For a period of five weeks from today, interim order made by this Court on 14th August, 2014 shall operate. However, it is made clear that the same shall operate at the risk and consequences of the petitioners.

8.

The parties to appear before the revisional authority on 2nd March, 2015 at 3.00 pm and obtain directions in the matter of disposal of the revision petition.

3/4

9.

It is made clear that this Court has not examined merits of the matter and all permissible contentions are left open for the decision by the revisional authority.

10.

Rule, is made absolute to the aforesaid extent.

11.

There shall be no order as to costs.

12.

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

(M. S. SONAK, J.) 4/4