Priyadarshani Nagari Sahakari Patsanstha Ltd Throu. Its Gen Manager Sunil J Shitole And ANR v. Ld Divisional Joint Registrar Co-Op Societies Konkan Division Navi Mumbai And ORS

28-WP-10100-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10100 OF 2024 Priyadarshani Nagari Sahakari Patsanstha Ltd. Lanja, Through Its General Manager Sunil J. Shitole And Anr.

...Petitioners

Versus

Ld. Divisional Joint Registrar Co-op Societies Konkan Division Navi Mumbai And Ors.

...Respondents

....

Mr. Manoj Patil a/w Mr. Akash M. a/w Ms. Kalyani M., for the Petitioners.

Mr. Jay Sanklecha, A.G.P. for the Respondent - State. ....

CORAM

:

AVINASH G. GHAROTE, J.

DATE :

22nd JULY, 2024 P.C.

:

1.

It is an admitted position that, by entertaining an application under Section 154(2A) of the Maharashtra Cooperative Societies Act, 1960, (MCS Act) the respondent No.1 though has granted time to the borrower to examine the position regarding deposit of 50% of the amount of the RRC, and fixed the matter on 29.08.2024, he has also directed maintenance of status quo. In my considered opinion, such an order of status quo would by SAJAKALI LIYAKAT JAMADAR Date:

2024.07.22 17:55:28 +0530 not be justified, as it would indicate, grant of an application SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

28-WP-10100-2024.doc under Section 154(2A) of the MCS Act without ensuring compliance with the same.

2.

Issue notice to respondents for final disposal, returnable on 12.08.2024.

3.

Learned A.G.P. waives notice for the respondent Nos.1 & 2 for the State.

4.

Petitioner to serve the respondent Nos.3 to 5 by all modes permissible in law till the returnable date.

5.

By way of an ad-interim order, that portion of the impugned order, which grants status quo shall stand stayed. (AVINASH G. GHAROTE, J.) Sajakali Jamadar