Spectra Premises Co-Op Society Throu. Its Chairman /S Secretary v. The Divisional Joint Registrar Co-Op Societies Pune And ORS

2024:BHC-AS:40960 907wp14353-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14353 OF 2024 Spectra Premises Co-Op Society Throu. Its Chairman Secretary ... Petitioner.

Versus

The Divisional Joint Registrar Co-Op. Societies Pune and Ors.

... Respondents.

----- Mr. S.S. Kanetkar, for the Petitioner.

Mr. Y.D. Patil, AGP for the Respondent-State. ----- Coram :

Sharmila U. Deshmukh, J.

Date :

October 15, 2024 P. C. :

1.

Writ Petition can be disposed of by a direction to the Divisional Joint Registrar, Co-Operative Societies, Pune, to decide the Application dated 27th June, 2024, which is referred in the impugned order dated 2nd July, 2024.

2.

It is a specific contention of the Petitioner that the Petitioner became aware of this order which was under challenge before the Revisional Authority only on 11th January, 2024. The Application further reads that the copy of the order sent on 19th December 2023, through RPAD was not delivered and was returned as unclaimed. sa_mandawgad 1 of

907wp14353-24 3.

Considering that it is the specific case of the Petitioner in the said Application that there is no delay, the Divisional Joint Registrar to consider the said Application first and pass a reasoned order on the said Application. By the impugned order dated 2nd July 2024, without any discussion and without any reasoning by merely referring to the Application filed on 27th June 2024, the Divisional Joint Registrar has declined to accept the Revision Application on the ground that there is no Application filed for condonation of delay. 4.

In light of the above, the impugned order dated 2nd July, 2024, is hereby quashed and set aside.

5.

The Divisional Joint Registrar is directed to consider the Application dated 27th June 2024, after hearing the parties and to pass a reasoned order thereon.

6.

Writ Petition is allowed in aforesaid terms.

[Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 16/10/2024 12:51:32