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Bombay High CourtWP/15780/2022disposed off

Shivdarshan Co-Op Hou. Soc. Ltd. And ORS v. The Dy. Co-Op Soc. Mumbai And ORS

2022-12-22Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

15 wp 15780-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15780 OF 2022 Shivdarshan Co-op. Housing Soc. Ltd.

..Petitioner/s v/s.

The Dy. Co-op. Soc. Mumbai & Ors.

..Respondents Mr. Hrushi Narvekar Counsel i/b. Seema Hunnurkar and Shantanu Raktate for the Petitioner/s.

Mr. S.D.Rairikar, AGP for the Respondent No.4 -State. CORAM : ANUJA PRABHUDESSAI, J.

DATED : 22nd DECEMBER, 2022.

P.C.

1.

The Petitioner herein has challenged the impugned Order dated 17.11.2022 passed by Respondent No.1 under Section 77A of MCS Act, 1960. It is stated that the said order has been challenged before the Divisional Joint Registrar, Co-operative Housing Societies, Mumbai Division, at Mumbai, in Appeal No. 348 of 2022. The Petitioner has also filed an application for stay. Learned Counsel for the Petitioner states that the stay application has not been taken up for hearing and the Administrator is likely to take possession of the documents. Since the impugned order is already challenged in the appeal, I am not inclined to entertain this petition.

Digitally signed by PRASANNA P SALGAONKAR Date:

2022.12.23 11:10:34 +0530 2.

The Revisional Commissioner shall decide the said application PRASANNA P SALGAONKAR P P SALGAONKAR

15 wp 15780-22.doc within two weeks from the date of appearance of the parties. 3.

Respondent Nos.1 and 2 shall not act on order dated 17.11.2022 for a period of two weeks.

4.

Parties to appear before the Appellate Court on 26.12.2022. 5.

Petition stands disposed of.

(ANUJA PRABHUDESSAI, J.) P P SALGAONKAR