Pratik Chandrakant Shet And ORS v. Paresh Satyendra Vohra Throu. Poa Taufal Riyaz Rahi And ORS

16ia14461-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.14461 OF 2024 IN REVIEW PETITION NO.69 OF 2024 IN WRIT PETITION NO.2250 OF 2021 Pratik Chandrakant Shet and Ors.

... Applicants.

In the matter in between:

Hatkesh Udyog Nagar Industrial Premises Co-operative Society Limited ... Petitioners.

Versus

Paresh Satyendra Vohra and Ors.

... Respondents.

----- Mr. Akshay Shukla for the Applicants.

Mr.Sriniwas Patwardhan a/w.Mr.Sandesh Deshpande for Respondent No.1.

Ms.Dhruti Kapadia, AGP for the Respondent Nos.2,3 and 4-State. ----- Coram :

Sharmila U. Deshmukh, J.

Date :

November 12, 2024 P. C. :

1.

Interim Application has been preferred by the Applicants for being impleaded as Petitioner in place of the Cooperative Society Ltd., who was the original-Petitioner in Writ Petition and subsequently came to be de-registered and thus, is incapable of prosecuting the present Petition. Mr.Patwardhan would oppose the sa_mandawgad 1 of

16ia14461-24 Application and would submit that the remedy of the Applicants is to challenge the order of de-registration and that the same has already been challenged. He submits that the present Applicants, who are the Ex-office bearers of the Cooperative Society Ltd. have no locus to maintain the Review Petition after de-registration of the Society.

2.

Considering that the Review Petition was filed by the Cooperative Society Ltd. and pending the same the Society has been de-registered, for the purpose of prosecuting the said Review Petition, the present Application can be allowed keeping open the objections as far as locus is concerned. Application stands allowed. 3.

Amendment to be carried out within a period of three weeks from today.

4.

List the Review Petition on 3rd December, 2024. [Sharmila U. Deshmukh, J.] 2 of Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 13/11/2024 10:30:56