Ishwarprasad Ramkisanaji Agrawal v. Prakash Nainsukh Navlakha And ANR

33-WP-7962-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7962 OF 2024 CHAITANYA ASHOK JADHAV Ishwarprasad Ramkisanaji Agrawal

...Petitioner

CHAITANYA ASHOK JADHAV Date: 2026.02.06 12:14:50 +0530

Versus

Prakash Nainsukh Navlakha And Ors.

...Respondents

Mr. Akshay R. Kapadiya a/w Mr. Kishor T. Lawate, Mr. Manthan K. Rawat, for the Petitioner.

Adv. A. L. Gore, for the Respondent No.1.

Smt. V. R. Raje, A.G.P. for State.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : FEBRUARY 2, 2026 ORDER :

1.

Yet again, none appears for Respondent No.3.

2.

The core grievance of the Petitioner is that he did not even have notice of the meeting at which amendments to the Charter Documents of Respondent no. 3-Association were carried out, which forms the subject matter of approval in the Impugned Order dated February 14, 2024. A bare reading of the Impugned Order would indicate that the application was shown as an uncontested one and copies of notices of meetings, along with minutes of meetings were tendered before the Assistant Registrar of Societies. Till date, there is no February 2, 2026 Chaitanya

33-WP-7962-2024.doc reply, evidencing service of notice of such meeting on the Petitioner, with Respondent No. 3 not even entering appearance. 3.

In these circumstances, as an ad-interim measure, any further action pursuant to the impugned order shall remain stayed. Learned Advocate for Respondent No.1, at whose instance the amendments were carried out, has entered appearance and submits that his reply is ready. The reply filed by him is taken on record. Rejoinder, if any, to be filed within a period of one week from today. 4.

On the last two occasions, the State was granted time to examine the matter and bring on record the proceedings under Sections 12 and 12A. That has again not yet been done. Learned AGP requests for further accommodation to be able to get the copy of the proceedings. 5.

Let the rejoinder to the reply of Respondent No.1, be filed by February 02, 2026. Stand over to February 16, 2026. Until then, adinterim relief as above shall follow. 6.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] February 2, 2026 Chaitanya