Dharmveer Fatulal Meharol v. Deputy Registrar Co-Op Soc. And ORS

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.10.04 11:15:03 +0530 RUSHIKESH VISHNU PATIL R.V.Patil 1 14 WP.474.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 474 OF 2022 Dharmveer Fatulal Meharol ...

Petitioner.

V/s.

Deputy Registrar Cooperative Societies and Others ...

Respondents.

.......

Mr. Sandesh Deshpande a/w Mr. Bhavesh Bhatia i/b M/s. Legal Associates for the Petitioner.

Mr. S. H. Kankal, AGP for Respondent No. 1.

Mr. Vikas Kolekar for Respondent Nos. 2 and 3. .......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE :

27 September 2023.

P.C. :

On 7 August 2023 the following order was passed: " The Petitioner appears in-person and states that he desires to change his Advocate and seeks time.

2. The learned Counsel for the Respondent No.2 - Society and the learned AGP states that the elections were held and the elected body has taken charge and the administrator is no longer in the control of the Society. We note that the interim order dated 17 January 2022 was to retrain the administrator. As of

R.V.Patil 2 14 WP.474.2022.doc today we do not find any specific interim order to restrain the elected body, now stated to be in charge of the Society, to be restrained from functioning.

3. Stand over to 31 August 2023."

The learned Counsel for the Petitioner states that he has been recently engaged and does not have complete set of papers. The Petition cannot be kept pending in this manner. Even otherwise the learned Counsel for Respondent Nos. 2 and 3 points out that the Petitioner has already filed a dispute in the Cooperative Court which is pending. He also states that the Petitioner had sought interim orders therein which were refused.

In view of the fact that the dispute is pending before the Cooperative Court and the subsequent developments noted in the order dated 7 August 2023, keeping all contentions of the parties open to be considered in the dispute, the writ petition is disposed of. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)