M/S Hindustan Rubber Works And ANR v. The Joint Sub-Registrar Of Assurances Class-2 And 4 ORS

1 of 2 WP.1927.2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1927 OF 2014 WITH NOTICE OF MOTION NO.250 OF 2015 Hindustan Rubber Works and another Petitioners versus The Joint Sub Registrar of Assurances, Class-II, Kurla-1 and others Respondents Mr.Zubin Behram Kamdin with Ms.Anita Borkar for Petitioner. None present for the Respondents.

CORAM : S.C.DHARMADHIKARI AND B.P.COLABAWALLA, JJ.

DATE : 11 December 2015 PC :

After the matter was heard for some time and when the Petitioner's counsel relied upon a Division Bench judgment of this Court to which one of us was a party (S.C.Dharmadhikari, J.) in Writ Petition No.1480 of 2013 decided on 24 June 2015, it is agreed that the controversy in the present petition stands concluded by the ratio laid down in the said judgment (supra). The very issue which is raised before us in the present petition, was dealt with in the above judgment. The issue with regard to delay in presentation of the

2 of 2 WP.1927.2014 document for registration and the power of the registering authority to condone it has been considered and the Division Bench judgment covers the same.

2.

In such circumstances, we allow this writ petition. The Registering Authority shall now accept the document/s of the Petitioners herein and register the same in accordance with law. Let that exercise be completed within a period of three months from the date of receipt of a copy of this order. There will be no order as to costs.

3.

In view of disposal of the writ petition itself, Notice of Motion No.250 of 2015 does not survive and stands disposed of as such.

(S.C.DHARMADHIKARI, J.) (B.P.COLABAWALLA, J.) MST