Malwani Riddhi - Siddhi Co-Operative Hsg.Soc.Ltd. And 2 ORS. v. The Deputy Registrar Of Co-Op.Hsg.Soc. (Mhada) And 2 ORS

32-wp-2965-2017 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2965 OF 2017 Malwani Riddhi-Siddhi Co-op ... Petitioner Housing Society Ltd. And Ors.

vs.

The Deputy Registrar of ... Respondents Co-operative Housing Society (MHADA) & Ors.

Mr. Ramanuj Sudista Upadhyay for the Petitioner. Mr. Manish Upadhye, AGP for Respondent nos. 2 and 3. CORAM : A.K. MENON, J.

th SEPTEMBER, 2018 DATE : 4 P. C.

1.

By this Writ Petition the petitioner has called into question order dated 19 th October, 2015 whereby the Revision Application No. 31 of 2015 was dismissed after condoning the delay in filing revision. The petitioner / applicant was granted liberty to file appropriate proceeding seeking re-audit and registering offences if any against the office bearers of the Society. 2.

Firstly, the prayers in this petition merely seek for setting aside the order and appointment of a Court Commissioner to verify accounts of the Society. There is no prayer seeking a against the Registrar under section 88 as sought to be canvassed by the learned counsel for the petitioner.

by Rajeshwari Ramesh Pillai Date: 2018.09.05 17:54:39 +0530 Rajeshwari Ramesh Pillai

32-wp-2965-2017 3.

Secondly the petition is filed after more than two years after passing of the impugned order in the facts of the case. There is absolutely no explanation for the long delay. I find no reason to interfere in the impugned order. I pass the following order :

(i) Writ Petition is dismissed. The petitioner may adopt such remedy if any permissible in law before the appropriate authority pursuant to the impugned order. If such remedy is adopted, this order will not prejudice the society's application.

(ii) No order as to costs.

(A.K. MENON, J.)