Annaso Dattu Chougle v. Shri Gahininath Nagri Sahkari Pat Sanstha Ltd And ORS

2025:BHC-AS:24293 Sayyed 31-WP.8734.2023.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8734 OF 2023 WRIT PETITION NO.8734 OF 2023 Annaso Dattu Chougle Annaso Dattu Chougle ...

...Petitioner

Petitioner

Versus

Versus

Gahininath Nagri Sahkari Pat Sanstha Ltd. & Ors. Gahininath Nagri Sahkari Pat Sanstha Ltd. & Ors. ...

...Respondents

Respondents _____________________________________________________ Mr. Prashant P. Kulkarni a/w Ms. Rachna Mamnani for the Petitioner. Mr. Prashant P. Kulkarni a/w Ms. Rachna Mamnani for the Petitioner. Mr. Anand S. Patil for Respondent Nos.1 & 2.

Mr. Anand S. Patil for Respondent Nos.1 & 2.

Mr. A. I. Patel, Addl. G. P. and Mr. P. G. Sawant, AGP for Respondent Mr. A. I. Patel, Addl. G. P. and Mr. P. G. Sawant, AGP for Respondent No.3 & 4-State.

No.3 & 4-State.

_____________________________________________________ CORAM :

Jitendra Jain, J.

DATED : 19 June 2025 PC.:- 1.

Mr.

Mr. Patil for Respondent Nos.1 and 2 submits that the Patil for Respondent Nos.1 and 2 submits that the Petitioner has not deposited 50% of the recoverable amount. Petitioner has not deposited 50% of the recoverable amount. 2.

Mr. Kulkarni for the Petitioner brings to the notice of the Court Mr. Kulkarni for the Petitioner brings to the notice of the Court order dated 5 July 2024, wherein the Co-ordinate Bench had directed order dated 5 July 2024, wherein the Co-ordinate Bench had directed the Petitioner to deposit 50% of the amount of recovery certificate. The the Petitioner to deposit 50% of the amount of recovery certificate. The Petitioner has deposited 50% of the amount specified in the recovery Petitioner has deposited 50% of the amount specified in the recovery certificate on 11 July 2024. There is no challenge to order dated 5 July certificate on 11 July 2024. There is no challenge to order dated 5 July 2024 passed by the Co-ordinate Bench of this Court. Therefore, the 2024 passed by the Co-ordinate Bench of this Court. Therefore, the objections raised by the learned counsel for Respondent Nos.1 and 2 is objections raised by the learned counsel for Respondent Nos.1 and 2 is rejected.

rejected.

3.

The present petition challenges order of the Revisional The present petition challenges order of the Revisional Authority dated 13 April 2023, whereby the revision petition was Authority dated 13 April 2023, whereby the revision petition was dismissed for non-deposit of 50% of the due. Now that the Petitioner dismissed for non-deposit of 50% of the due. Now that the Petitioner has deposited the same, the impugned order dated 13 April 2023 has deposited the same, the impugned order dated 13 April 2023 Exhibit-D is quashed and set aside and the revision application is Exhibit-D is quashed and set aside and the revision application is

Sayyed 31-WP.8734.2023.docx restored back to the file of Respondent No.4. Respondent No.4 to decide restored back to the file of Respondent No.4. Respondent No.4 to decide the revision application of the Petitioner after complying with the the revision application of the Petitioner after complying with the principles of natural justice.

principles of natural justice.

4.

Respondent No.4 to give notice to all the parties and hear all Respondent No.4 to give notice to all the parties and hear all the parties before deciding the revision application. Respondent No.4 is the parties before deciding the revision application. Respondent No.4 is directed to decide the revision application as early as possible. directed to decide the revision application as early as possible. 5.

The Petition is disposed of in above terms with no order as to The Petition is disposed of in above terms with no order as to costs.

costs.

(Jitendra Jain, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 20/06/2025 11:18:52