Borivali Himkanya Chs Ltd. v. Divisional Joint Registrar And 3 Others

(23)wp-4876-2024.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

WRIT PETITION NO.4876 OD 2024 Borivali Himkanya CHS Lt.d ] ..

Petitioner vs.

Divisional Joint Registrar & Ors.

] ..

Respondents Ms.Jahanara Sarkhot i/b Ms.Devashree Raut and Mr.Ganesh Narula for the Petitioner.

Mr.Manish Upadhye, AGP for State-Respondent Nos.1 and 2. CORAM :

ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATE :

31st JANUARY, 2025.

P.C.

1.

The Petition is heard on the question of admission. The Petitioner is a society, who has interalia assailed the validity of the letter dated 05/05/2016 (Exhibit B) issued by Respondent NO.2. The Petitioner has interalia sought a direction to Respondent NO.2 to depute officer from its office to witness Special General Body Meeting to be conducted for redevelopment of the Petitioner-Soiety. 2.

Admittedly, the order dated 05/05/2016 was assailed by the Petitioner in Revision before the Revisional Authority . However, the 1/2

(23)wp-4876-2024.doc Revision preferred by the Petitioner was dismissed by order dated 30/11/2017. The Petitioner has chosen not to challenge the validity of the order dated 30/11/2017. Therefore, no relief can be granted to the petitioner this Petition.

3.

Writ Petition is dismissed with liberty to the Petitioner to take recourse to such remedy as may be available in law. The relief as regards appointment of Presiding officer to oversee the Special General Body Meeting of the Society, does not survive for consideration as it has challenged the order in Revision and has not assailed the Order dated 30/11/2017.

(BHARATI DANGRE, J.) (CHIEF JUSTICE) 2/2