Chetan Jaysukhlal Shah And ORS v. State Of Maharashtra And ANR
36-wp-15492-24 Gokhale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 15492 OF 2024 Chetan Jaysukhlal Shah & Ors.
..Petitioners
Versus
The State of Maharashtra & Anr.
..Respondents __________ Mr. Vinay Sonpal, Sr. Advocate i/b. Ram Mohite for Petitioners. Mrs. V. S. Nimbalkar, AGP for State/ Respondent. __________ CORAM : AMIT BORKAR, J.
DATE : 07 NOVEMBER 2025 PC :
1.
Leave to amend is granted to add the complainant as a party Respondent No.3. Amendment to be carried out forthwith. 2.
Issue Notice to the Respondent No.3 returnable on 05 December 2025.
3.
On going through the record placed before this Court, the sequence of events and the nature of the dispute show a striking similarity with the matter decided in Harish Arora and Digitally signed by VINOD BHASKAR GOKHALE Date:
2025.11.07 18:49:10 +0530 others versus The Deputy Registrar of Cooperative Societies, 2025 VINOD BHASKAR GOKHALE SCC OnLine Bom 2833. In that case, the High Court had examined identical issues. The factual background here appears comparable. In both cases, the petitioners questioned the legality
36-wp-15492-24 of the action of the authority on the ground that the authority failed to consider relevant material before passing the impugned order. The petitioner's grievance is that the order affects their rights under the Cooperative Societies Act . The similarity of facts is not superficial. The documents, dates, and orders placed on record demonstrate that the same kind of procedural lapse, as noted in the Harish Arora case, exists in the present matter. Therefore, applying the reasoning adopted in Harish Arora appears justified.
4.
Based on the material placed before this Court, and considering the precedent noted above, the petitioner has shown that there are serious issues requiring examination. If no immediate protection is granted, the situation may cause irreversible consequences to the petitioner. The petitioner has therefore established a strong prima facie case. In view of this, until further orders, there shall be ad interim relief in terms of prayer clause (c).
5.
Stand over to 05 December 2025.
(AMIT BORKAR, J.)