Vinod Pralhad Babar v. Durga Co-Operative Credit Society Limited And ORS.
33 - CP. 257-18 VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CONTEMPT PETITION No. 257 OF 2018 IN WRIT PETITION No. 7703 OF 2017 Vinod P. Babar ...
Petitioner Vs.
Durga Co-operative Credit Society Ltd., Mumbai & Ors.
...
Respondents *** Mr. K. S. Pani, for the Petitioner.
Mr. S. S. Kurade, for Respondent No. 1.
Mrs. S. S. Bhende, AGP for the State.
*** CORAM : INDRAJIT MAHANTY, & SARANG V. KOTWAL, JJ.
DATE : FEBRUARY 25, 2019 PC :
1.
Heard the learned counsel appearing for the respective parties. This contempt petition has been filed, alleging noncompliance of the directions given in an order passed in Writ Petition No. 7703 of 2017, dated 14th August, 2017, in particular the directions issued in paragraph 4 of said order, which read as under:
"4.
In the above circumstances, in our opinion, the interests of justice would be sub served by directing respondent No. 2 to entertain and decide the 1 / 2
33 - CP. 257-18 petitioner's application under Rule 107(19), a copy of which is annexed at "Exhibit G", page 36 on merits and in accordance with law expeditiously. Ordered accordingly."
2.
The learned counsel for Respondent No. 1 submits that the Special Recovery Officer (for short "SRO"), who was in the office at the time when the impugned order was passed, has retired since long, and in his place replacement has already been appointed. In view of such statement, we direct the newly appointed SRO to take steps for expeditious disposal of the Petitioner's application filed under Rule 107(19) of the Maharashtra Co-operative Societies Rules, 1961. The Petitioner is directed to appear before the SRO on 11th March, 2019, on which date the SRO will fix the date of hearing, and dispose of the said application expeditiously, preferably within 8 weeks thereafter. Contempt petition is accordingly disposed of in the aforesaid terms. Sd/- Sd/- [SARANG V. KOTWAL, J.] [INDRAJIT MAHANTY, J.] Vinayak Halemath 2 / 2