Pravin Dwarkadas Mavani v. Damodar Bhavan Co. Op. Housing Society Limited And ORS

skc 920-CAW-203-201-16 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 203 OF 2016 IN WRIT PETITION NO. 798 OF 2014 WITH CIVIL APPLICATION NO. 201 OF 2016 IN WRIT PETITION NO. 797 OF 2014 --------------------------------------------------------------------------------------------------- Office Notes, Office memorandum of Coram, appearance, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Mr. A. G. Damle - Senior Advocate i/b. Mr. Atul Singh for Applicant / Petitioner.

Mr. S. D. Rayrikar - AGP for State - Respondent Nos. 2 and 3.

CORAM : M. S. SONAK, J.

DATE: 23 FEBRUARY 2016 P.C. :- 1] Heard the learned counsel for the parties.

2] The petitioner in this case is 79 years of age. The petition is already expedited. Therefore, place this petition for final hearing on 20 April 2016 on S.B. at 3.00p.m. 3] However, the relief for stay of proceedings in application nos. 23 and 24 of 2015 instituted by the respondent no.1 society before the Deputy Registrar of Cooperative Societies need not be granted. The petitioner, is not prepared to deposit amount, which is the subject matter of the said proceedings either with the society or in this 1/2

skc 920-CAW-203-201-16 Court. The interim relief earlier granted by this Court was on the condition that the petitioner deposits the amount. This condition has been complied with by the petitioner. Such interim relief therefore, cannot be extended to proceedings in application nos. 23 and 24 of 2015, unconditionally. Accordingly, there can be no restraint upon application nos. 23 and 24 of 2015 instituted by the respondent no. 1 before the Registrar of Co-operative Societies.

4] The civil applications are therefore disposed of in the aforesaid terms.

(M. S. SONAK, J.) Chandka 2/2