← Library
Bombay High CourtWP/13648/2023disposed off

Ravi Digital Color Lab And Photo Studio Thr Its Proprietor And ORS v. Mahesh Urban Co Op Bank Ltd Solapur And ORS

2023-11-10Hon'Ble Shri Justice Madhav J. Jamdar2 pages

5 wps 13647,13648.23.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2023.11.10 15:28:59 +0530 WRIT PETITION NO.13647 OF 2023 Ravi Digital Colou Lab & Photo

...Petitioners

Studio through its Proprietor & Ors.

V/s.

Mahesh Urban Co-operative

...Respondents

Bank Ltd., Solapur & Ors.

WITH WRIT PETITION NO.13648 OF 2023 Ravi Digital Colou Lab & Photo

...Petitioners

Studio through its Proprietor & Ors.

V/s.

Mahesh Urban Co-operative

...Respondents

Bank Ltd., Solapur & Ors.

Mr. Aditya Barthakur i/by Mr. Nilesh Joshi for Petitioners.

Mr. Surel S. Shah for Respondent Mrs. V.S. Nimbalkar, AGP for Respondent-State.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

10th November 2023 P.C.:

1.

The challenge in the present Writ Petitions is to the order of the Divisional Joint Registrar, by which the Divisional Joint 1/2

5 wps 13647,13648.23.doc Registrar has refused to entertain the Revision on the ground that the requirement of 50% deposit of the recoverable dues as contemplated under Section 154 (2A) is not complied with. 2.

Mr. Barthakur, learned Counsel appearing for the Petitioner states that the Petitioners have complied with order dated 3rd November 2023 and have deposited 25% of the recoverable dues. He states that the balance 25% will be deposited with the Society on or before 31st January 2024. If such deposit is made, then in that case, impugned order of the Divisional Joint Registrar of not entertaining the Revision Application stands set aside and said Revision Applications are restored to file. 3.

It is clarified that this Court has not considered the merits and all the contentions on merits are expressly kept open. 4.

It is further clarified that the Respondent No.1- Cooperative Bank is at liberty to initiate or continue any other action in accordance with law.

5.

The Writ Petitions are dismissed in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.) 2/2