Beed District Central Coop Bank Ltd. v. Pradnyesh Vyankateshrao Kulkarni
*1* 903.ca.2131.14 kps
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 2131 OF 2014 IN RC/1142/2013 BEED DISTRICT CENTRAL COOP BANK LTD.
VERSUS
PRADNYESH VYANKATESHRAO KULKARNI ...
Advocate for Applicant : Mr.M.K.Bhosale h/f Mr.Upadhye Vinayak Narayan.
Advocate for Respondent : Mr.A.R.Joshi.
...
CORAM: RAVINDRA V. GHUGE, J.
DATE :- 10th July, 2015 Per Court:
Shri Mahesh Bhosale, learned Advocate holding for Mr.Upadhye, vehemently submits that this application is filed for seeking recalling of the Registrar's order dated 30.09.2013 by which the registration was refused to this petition on account of non removal of office objections. He further submits that the delay is of only 44 days and is neither inordinate nor deliberate. He, therefore, prays that this application be allowed.
Mr.A.R.Joshi, learned Advocate for the Respondent, has opposed the application on the ground that the Petitioner is a Bank. It has
*2* 903.ca.2131.14 infrastructure to avoid such eventualities as have occurred resulting in the passing of the Registrar's order. Delay of 44 days at the behest of the Bank cannot be condoned. In the event, it is to be condoned, costs may be imposed which could be donated to the Advocate Association's Bar Library, High Court, Aurangabad.
In the light of the above, this Civil Application is allowed. Delay of 44 days is condoned, subject to the Applicant/ Petitioner depositing costs of Rs.1000/- (Rupees One Thousand) with the Advocate Association's Bar Library, High Court, Aurangabad within a period of THREE WEEKS from today.
After the costs are deposited, the order of Registrar dated 30.09.2013 shall stand recalled. The Applicant/ Petitioner shall remove all office objections within THREE WEEKS thereafter. After removal of office objections, the petition shall be registered. In the event of non compliance of this order, the same shall stand recalled, the Registrar's order shall stand restored and then, the Civil Application shall stand dismissed.
(RAVINDRA V. GHUGE, J.)