Mr. Aslam Alamgir Bardi And ANR. v. Nagrik Sahakari Bank Ltd. And ORS.

23-wp11415-17.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11415 OF 2017 Aslam A. Bardi & Anr.

...Petitioners

V/s.

Nagrik Sahakari Bank Ltd. & Ors.

...Respondents

Mr.Sandeep Mishra for the Petitioners.

Mr.Kishor Patil for the Respondent Nos.1 and 2. CORAM : R.D. DHANUKA, J.

DATE : 14TH AUGUST, 2018.

P.C. :- 1.

By this petition, the petitioners have impugned the order passed by the learned Additional Joint Registrar refusing to condone the delay of 12 days in filing the revision application under section 154 of the Maharashtra Co-operative Societies Act, 1960 (for short the "said MCS Act").

2.

Heard the learned counsel for the parties and have perused the documents annexed to the petition including the application filed by the petitioner seeking condonation of delay annexed at Exhibit "D" to the petition. In my view, the petitioners have made out a case for condonation of delay and thus the learned Additional Joint Registrar ought to have condoned the delay. The 1/2

23-wp11415-17.doc impugned order dated 1st August, 2017 passed by the learned Additional Joint Registrar is accordingly set aside. The application for condonation of delay filed by the petitioner is allowed. The delay is condoned.

3.

Learned Additional Joint Registrar shall proceed with the hearing of the revision application subject to the compliance of section 154(2A) of the said MCS Act expeditiously. 4.

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

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