Taro Tahilram Manghnani v. Divisional Joint Registrar And ORS
37-ia-11702-2024.doc Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.11702 OF 2024 IN WRIT PETITION NO.7351 OF 2024 Digitally signed by SHABNOOR AYUB PATHAN Date:
2024.08.27 18:33:19 +0530 SHABNOOR AYUB PATHAN Taro Tahilram Manghnani ... Applicant In the matter between Taro Tahilram Manghnani ... Petitioner V/s.
Divisional Joint Registrar, CSMD Mumbai & Ors.
... Respondents Mr. A. S. Khandeparkar, Sr. Advocate with Mr. Murari Madekar, with Mr. Sachin Kudalkar i/by M/s Madekar & Co. for petitioner/applicant.
Ms. Tanu N. Bahtia, AGP for State - Respondent. Mr. Surel Shah, Senior Advocate a/w Mr. Allen Mathew i/by R. V. & Co. for respondent Nos.3 to 7.
CORAM
: AMIT BORKAR, J.
DATED : AUGUST 27, 2024 P.C.:
1.
By this application, the applicant is seeking review of order dated 27 June 2024.
2.
The order dated 27 June 2024 arises out of proceedings seeking action under Sections 75(5) read with 77 (A) of the Maharashtra Co-operative Societies Act, 1960. 3.
In substance relief prayed by the petitioner/applicant was for appointment of administrator. However, during the course of
37-ia-11702-2024.doc hearing of the present application, the learned senior advocate representing the housing society has placed on record election programm and the election result. The documents placed on record indicate that the new Managing Committee was elected during pendency of revision application. Therefore, the original proceeding seeking relief of appointment of administrator under Sections 75(5) read with 77 (A) of the Maharashtra Co-operative Societies Act, 1960 is rendered academic. However, it will be open for the applicant/petitioner to adopt all the legal proceedings to challenge election which are available in law. 4.
With this clarification, the interim application stands disposed of.
5.
All contentions of both the parties are kept open to be agitated before the executing Court.
(AMIT BORKAR, J.)