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Bombay High CourtWP/1656/2015rule discharged

Sina Bhima Vruksha Utpadak Sahakari Sanstha Ltd. Through Its Chairman Shri Ramchandra Mhaske v. Divisional Joint Registrar, Co-Operative Societies, Pune Division And ORS

2015-02-25Hon'Ble Shri Justice Anoop V. Mohta2 pages

wsw 1 903.wp.1656.15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 1656 OF 2015 Sina Bhima Vruksha Utpadak Sahakari Sanstha Ltd. through its Chairman Shri R.T. Mhaske .. Petitioner Vs.

Divisional Joint Registrar, Co­Operative Societies, Pune Division & Ors.

.. Respondents Mr. Drupad S. Patil for the Petitioner.

Ms. M.S. Bane, 'B' Panel Advocate for the Respondent No.1. Mr. T.S. Ingale for Respondent Nos.2 to 4.

CORAM : ANOOP V. MOHTA, J.

DATED : 25 FEBRUARY, 2015 P.C.

Rule. Rule, made returnable forthwith.

Heard finally by consent of the parties.

I am inclined to dispose of the present Writ Petition with direction to the concerned Authority­Respondent No.1, to rehear the Intervention Application filed by Respondent Nos.2 to 4, as there is specific averments made that though the application for adjournment filed by the Petitioner for postponement of hearing of Intervention Application, the Authority without granting the adjournment, closed 1/2

wsw 2 903.wp.1656.15.doc the matter and passed the impugned order and allowed the Intervention Application. The averments so raised in the Petition is further supported by a zerox copy of an application for adjournment filed on 28 January 2015, which is taken on record and marked as 'X' for identification. Therefore, in the interest of justice, by keeping all points open, I direct the concerned Authority to pass fresh order on Intervention Application, as the main matter is stated to be fixed for hearing on 4 March 2015. The impugned order is, therefore, quashed and set aside.

The petition is disposed of, accordingly.

Rule discharged accordingly. No costs.

(ANOOP V. MOHTA, J.) 2/2