Dombivli Nagari Sahakari Bank Ltd. v. Shri. Madhukar Anant Pathak And ORS

Prs 37 wp 584-16-c

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.584 OF 2016 Dombivli Nagari Sahakari Bank Ltd.

... Petitioner Vs.

Shri Madhukar Anant Pathak and ors.

... Respondents ---- Mr.Ashutosh R. Gole for the Petitioner.

Mr.Tejesh Dande with Mr. Bharat Gadhavi i/by M/s Tejesh Dande & Associates for Respondent Nos.1 and 2.

---- CORAM : R.D.DHANUKA, J.

DATE : APRIL 23, 2018.

P.C. :

1.

By this Petition filed under Section 227 of the Constitution of India, the Petitioner has challenged the impugned order dated 12th June 2015, passed by the Divisional Joint Registrar, Co-operative Societies, Pune Division, Pune, thereby granting stay to the order of attachment before judgment. The said order is in force till today.

2.

In view of this position, in my view, interest of justice would be met with if to the Revision Application No.174 of 2015 filed by the Respondent No.1 is heard expeditiously. 3.

The interim order passed by the Divisional Joint

Prs 37 wp 584-16-c Registrar to continue during the pendency of the Revision Application and for a period of two weeks thereafter from the date of communication of the order if adverse against the Respondent No.1.

4.

The Divisional Joint Registrar shall dispose of the Revision application without being influenced by the observations made and the conclusions drawn in the impugned order dated 12th June 2015. The Collector or such officer, who is having power to decide the said revision application, shall dispose of the same expeditiously and not later than two months from the date of first meeting.

5.

The Writ Petition is disposed of in aforesaid terms. 6.

Parties are directed to remain present before the learned authority on 3rd June 2018 at 3.00 p.m.

7.

Parties to act on the authenticated copy of this order. ( R.D.DHANUKA, J. ) ....