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Bombay High CourtWP/11222/2019disposed off

Mallikarjun Nagnath Bhoyare v. Chairman Karver Nagar Co-Op. Housing Society Limited And ANR

2019-10-22Hon'Ble Shri Justice Ujjal Bhuyan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11222 OF 2019 Mallikarjun Nagnath Bhoyare ... Petitioner V/s.

Chairman /Secretary, Karver Nagar Co-operative Housing Society Limited and anr.

... Respondents --- Mr.M.N.Bhoyare, Petitioner, in-person.

Ms.Pooja Joshi i/by Mr.Niranjan Mogre for Respondent No.1.

Mr.S.L.Babar, AGP for the Respondent-State.

--- CORAM : UJJAL BHUYAN, J.

DATE : OCTOBER 22, 2019.

P.C.:- 1.

Heard Mr.M.N.Bhoyare, petitioner in-person and Miss Pooja Joshi, learned counsel for respondent No.1. 2.

Petitioner is a senior citizen and is also Lawyer by profession. Respondent No.1 preferred recovery application against the petitioner, following which order dated 6th September, 2018 was passed by Deputy Registrar of Co-operative Societies raising certain demands against the petitioner.

3.

In this connection, petitioner had approached this court on an earlier occasion by filing Writ Petition No. 2625 of 2019. By order dated 5th July, 2019, passed by this court in Civil Application No.1823 of 2019, petitioner was permitted to withdraw the writ petition with liberty to file revision petition under the Maharashtra Cooperative Societies Act, 1960. 4.

Petitioner submits that his revision petition has not been entertained on the ground of non-deposit of 50% of the recovery amount. He submits that according to him, there is nothing to be recovered against him. 5.

Considering the above, and the order passed by this court on 5th July, 2019, it is hereby directed that petitioner may file revision petition before the Competent Authority under the aforesaid Act within a period of 30 days from today. If such revision is filed, the revisional authority shall not insist on any pre-deposit and decide the revision on merit within a period of six weeks thereafter. During this period, no recovery proceeding shall be initiated against the petitioner. However, if the petitioner does not prefer the revision petition within the

stipulated period, protection of this order shall not be available to him.

6.

Writ Petition is accordingly disposed of.

(UJJAL BHUYAN, J.) ....