Madhusudan S/O Shrikrishna Pardikar v. District Deputy Registrar, Co-Operative Societies Washim, And Others

1 07CAO98-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO.98 OF 2020 AND MISC. CIVIL APPLICATION (ST) NO.1264 OF 2020 IN WRIT PETITION NO.

OF 20 16(D) (MADHUSUDAN SHRIKRISHNA PARDIKAR..VS.. DISTRICT DEPUTY REGISTRAR, COOP. SOCIETIES, WASHIM & OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.V.Band, Advocate for Petitioner/Applicant Shri K.L.Dharmadhikari, A.G.P. for Respondent Nos.1,2 & 5. Shri A. Shelat, Advocate for Respondent No.3. CORAM : A NIL S. KILOR , J.

DATED : MARCH 01 , 20 .

CIVIL APPLN.NO.98/2020.

1.

For the reasons stated in the application, the application is allowed. The delay in filing application for review is condoned.

2.

The Civil Application stands disposed of accordingly.

M.C.A. ST. NO. 1264/2020.

3.

Heard.

4.

This is an application for review of the order dated 02/12/2019, dismissing the writ petition for non-

2 07CAO98-2020 compliance of the order dated 01/11/2016 i.e. the undertaking given by the applicant to deposit Rs.1,50,000/- within 10 days from the date of order. 5.

It is settled law that to entertain the writ petition there cannot be any condition to deposit an amount. Moreover, the said undertaking was given as a condition for grant of stay and not to entertain the writ petition.

6.

In that view of the mater, as it was a condition for grant of stay, the effect for non-deposit of the amount would be that there shall be no stay. However, in any case for the said reason the writ petition cannot be dismissed. 7.

Though the learned counsel for the respondent No.3 and the learned A.G.P. are opposing the present review application, I am of the opinion that the application needs to be allowed. Accordingly, I pass the following order:

i) The Civil Application is allowed.

ii) The order dated 02/12/2019 is recalled. The writ petition is restored to its file.

The Civil Application stands disposed of accordingly. No order as to costs.

3 07CAO98-2020 W.P. No. 6466/2016.

Place this matter for further consideration/ admission on 15/03/2023.

JUDGE RRaut..

PRIVATE SECRETARY