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Bombay High CourtWP/1635/2024disposed off

Raju Waghmare The Chief Promoter Of Siddharth Colony Vikas Seva Sangh Housing Federation Sra Chs v. The Learned Divisional Joint Registrar Co-Operative Societies Mumbai Division

2024-06-25Hon'Ble Shri Justice Madhav J. Jamdar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1635 OF 2024 Raju Waghmare,

...Petitioner

The Chief Promoter of Siddharth Colony Vikas Seva Sangh Housing Federation SRA CHS

Versus

The Divisional Joint Registrar,

...Respondents

Co-operative Societies, Mumbai Division & Ors. WITH INTERIM APPLICATION (L) NO.19649 OF 2024 IN WRIT PETITION NO.1635 OF 2024 Suman Ranjeet Jeth & Ors.

...Applicants

Versus

Raju Waghmare & Ors.

...Respondents

Mr. Bhushan Deshmukh and Mr. Jayesh Mestry, Advocate, for the Petitioner.

Mr. Bhadrashette N.N. i/by Mr. Dinesh Rane for Intervenor/ Applicant in IA.

Mr. Suraj Gupte, AGP for Respondent Nos. 1 and 2 a/w Mr. Sanjay Karale, Co-op. Officer, Grade-II, from the Office of Divisional Joint Registrar.

Mr. Abhijit Kulkarni a/w Ms. Sweta Shah and Gaurav Shahane for Respondent No.3 - SRA.

CORAM : MADHAV J. JAMDAR, J.

DATED : 25th June 2024 Page No. 1/3

P. C.

1.

Heard Mr. Deshmukh, learned Counsel for the Petitioner, Mr. Bhadrashette for Intervenor/Applicant, Mr. Suraj Gupte, learned AGP for Respondent Nos.1 and 2 and Mr. Abhijit Kulkarni learned Counsel for Respondent No.3 - SRA.

2.

The impugned Order in the present Writ Petition is Order dated 8th February 2023 passed by Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai, by which the Application for stay filed in Revision Application No. 713 of 2022 has been rejected. 3.

The position on record clearly shows that the stay application has been rejected on 8th February 2023. The petition challenging the same has been filed on or about 6th October 2023 and for the first time, the same was listed before the Court on 10th May 2024 and thereafter on 21st June 2024.

4.

Learned AGP appearing for Respondent No.1-the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai on instructions states that the said Revision Application No. 713 of 2022 itself will be disposed of on or before 31st August 2024. In view of said statement made by the learned AGP, Mr. Deshmukh, learned Counsel for the Petitioner states that he has instructions not to press the Writ Petition.

Page No. 2/3

5.

Accordingly, the Writ Petition is disposed of subject to above. 6.

In view of disposal of the Writ Petition, nothing survives in the Interim Application, and the same also stands disposed of. 7.

It is clarified that this Court has not considered the merits and all contentions on the merits are expressly kept open. [MADHAV J. JAMDAR, J.] Page No. 3/3