Bombay High CourtWP/600/2019disposed off

Pushpa R Agrawal And 2 ORS v. Sunil Sharma And 5 ORS

2019-04-30Hon'Ble Shri Justice S.C. Gupte2 pages

sat 1/2 wp 600-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 600 OF 2019 Pushpa R. Agrawal & Ors.

...Petitioners

vs Sunil Sharma & Ors.

...Respondents

Mr.Shankar K. Satpati, Petitioner No.3 present in person. Mr.Manish Upadhye, AGP for Respondent No.6.

CORAM : S.C.GUPTE, J.

DATE : 30 APRIL 2019 P.C. :

Heard learned Counsel for the Petitioners. The Respondents are absent though served. On the last occasion, i.e. on 15 April 2019, this court took on record affidavit of the Petitioners in proof of service. However, with a view to give one more opportunity to the Respondents, the writ petition was stood over to today's date. The Petitioners were directed to make one more attempt of service on the Respondents and file an affidavit, accordingly. The petition has been served afresh on the Respondents and affidavit in proof of such service has been filed.

The petition challenges orders passed by the cooperative Court and co-operative appellate court denying interim relief to the Petitioners in their dispute application under Section 91. The dispute application is of 2013. Even the interim application was made as far back as on 4 December 2013. Between 2013 and till date, the Petitioners have had no

sat 2/2 wp 600-2019.doc interim relief. Considering the fact that the dispute itself is perfectly ripe for hearing, the petition can be conveniently disposed of by directing the co-operative court at Mumbai (Mumbai Suburban Division) to dispose of the co-operative court case in a time bound manner.

Accordingly, the petition is disposed of by directing the co-operative court at Mumbai (Mumbai Suburban Division) to dispose of the co-operative court case No.210 of 2013, as expeditiously as possible and preferably within a period of one year from today. The Petitioners shall bring this order to the notice of the co-operative court by presenting an authenticated copy of this order before the co-operative court. (S.C. GUPTE, J.)