Mr. Chandrakant Pawar v. The Divisional Joint Registra C.S. And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11490 OF 2017 WITH CIVIL APPLICATION (STAMP) NO.6044 OF 2018 IN WRIT PETITION NO.11490 OF 2017 Chandrakant Pawar

...Petitioner

V/s.

The Divisional Joint Registrar, Co-op. Soc. Mumbai & Ors.

...Respondents

Mr.Dhiraj Gole I/b Mr.Umeshchandra Yadav for the Petitioner. Mr.S.D. Rayrikar, A.G.P. for the State - Respondent Nos.1 and 2. Ms.Sapna Krishnappa for the Intervenor.

CORAM : R.D. DHANUKA, J.

DATE : 6TH AUGUST, 2018.

P.C. :- 1.

The petitioner has impugned the order dated 28th September, 2017 passed by the learned Joint Charity Commissioner, Co-operative Societies refusing to grant stay in favour of the petitioner in the revision application filed under section 154 of Maharashtra Co-operative Societies Act, 1960 (for short the said "MCS Act"). There is no ad-interim relief passed by this Court in this writ petition till date. The Revision Application No.438 of 2017 is still 1/3

pending before the learned Joint Charity Commissioner, Cooperative Societies. 2.

The interest of justice would be met with if the Revision Application No.438 of 2017 itself is heard on its own merit without being influenced by the order dated 28th September, 2017 passed by the learned Joint Charity Commissioner, Co-operative Societies expeditiously.

3.

The petitioner is directed to remain present before the learned Joint Charity Commissioner, Co-operative Societies on 14th August, 2018 at 3:00 p.m. without fail. If the date and time fixed by this Court is not convenient to the learned Joint Charity Commissioner, Co-operative Societies, the earliest convenient date shall be conveyed to the petitioner. Learned Joint Charity Commissioner, Co-operative Societies shall dispose of the said revision application expeditiously and not later than three months from the date of the first hearing. The petitioner shall not ask for any adjournment before the learned Joint Charity Commissioner, Cooperative Societies. 4.

All the contentions on merit are kept open.

5.

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

6.

In view of disposal of the writ petition, the Civil Application 2/3

(Stamp) No.6044 of 2018 does not survive and is accordingly disposed of.

(R.D. DHANUKA, J.) 3/3