Vishnu Murlidhar Mojad And ORS v. The H.A.L. Employees Co-Op Credit Soc. Ltd. Thr. Acting Secretary

JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 18185 OF 2022 IN WRIT PETITION NO. 9586 OF 2022 Vishnu Murlidhar Mojad and Ors.

... Applicants In the matter between :

The H.A.L. Employees Co-op. Credit Society Ltd. through Acting Secretary ... Petitioner V/s.

M.D. Shinde, Ld. Authorized Inquiry Officer and Asst. Registrar, Co-operative Societies and Ors.

... Respondents Mr. Vijay D. Patil i/b. Mr. Sandeep A. Kocharekar for the Applicants Mr. K.S. Patil i/b. Mr. Shailesh Chavan for the Petitioner Mr. A.I. Patel, Addl. G.P. with Ms. Kavita N. Solunke, AGP for the Respondent - State CORAM : NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.

DATE : 15 SEPTEMBER 2022 P.C. :- The Application is taken out for recalling/clarification of the order dated 20 August 2022 passed by the Division Bench comprising of Prasanna B. Varale and Kishore C. Sant, JJ. in Writ Petition No. 9586 of 2022.

2.

The learned Counsel for the Applicants states that both the learned Judges are not available at the Principal Seat at present and the directions issued by the Division Bench is time bound and expires on 17 September 2022 and therefore, there is an urgency in the Application.

3.

We have perused the order dated 20 August 2022. Though this order is issued without notice to the Applicants, all that the Court has directed is time bound decision of the pending appeal and the pending application for stay. None of the parties can have objection for time bound decision of the proceedings. However, since it is the grievance of the Applicants that the Applicants are not aware of the time bound directions, the request for extending the timeline is justified.

4.

Accordingly, the direction to decide the appeal within a period of twelve weeks is extended by a further period of eight weeks. The Application for grant of stay filed by the Petitioners would be decided within a period of four weeks from today. We also clarify that the order passed by this Court directing the parties to maintain status-quo is not to be construed as reflection on the merits of the rival contentions and the appeal and the application would be decided on their own merits as per law and contentions of the parties

on law and facts are kept open. The Application is accordingly disposed of.

6.

Office of the Government Pleader will inform the order to the concerned Authority without waiting for the copy of the order.

SHARMILA U. DESHMUKH, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2022.09.17 12:41:21 +0530 JYOTI PRAKASH PAWAR