Girish And Associates And ANR v. Competent Authority And District Deputy Registrar And ORS

28-31 WP 502-25.doc Ashish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.502 OF 2025 Girish & Associates & Anr.

... Petitioners V/s.

Competent Authority & District Deputy Registrar & Ors.

... Respondents WITH WRIT PETITION NO.2945 OF 2025 Panchsheel Enterprise ... Petitioner V/s.

Competent Authority & District Deputy Registrar & Ors.

... Respondents Mr.Nishant Sashidharan a/w Mr. Karan Jakhar i/b L.J. Law for Petitioners in WP No.502 of 2025.

Mr.Sanjay Jain I/b Jainish Jain for Petitioner in WP No.2945 of 2025.

Mr.Mahesh Menon, a/w Dipesh Palwankar, Varghesa Ashik i/b Mahesh Menon & Co for Respondent No.2. Ms.Kavita Solunke, AGP for State in WP No.502 of 2025.

Ms.Savina R Crasto, AGP for State in WP No.2945 of 2025.

Mr.S.R. Sharma, Coop Officer, Grade II, Kokan Bhavan, DDR- II Mumbai.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 24, 2025 P.C.:

1.

Parties to the writ Petition agree that the impugned order may be set aside, and the proceedings be remanded back to the

28-31 WP 502-25.doc Competent Authority for giving opportunity of hearing to the petitioners, as it is evident from the record that proper opportunity of hearing was not granted to the petitioners. 2.

Therefore, without going into the merits of the matter, the impugned passed by Competent Authority dated 1st October 2024 in Application No.78 of 2024 is quashed and set aside. 3.

The proceedings are remanded back to the District Deputy Registrar, Co-operative Societies(2), East Suburban, Mumbai for decision afresh merits.

4.

The Competent Authority shall decide the proceedings under Section 11, within 3 months from the date of appearance of the parties.

5.

The parties shall appear before the Competent Authority on 1st April 2025, at 10:30 a.m.

6.

The Competent Authority shall decide the application uninfluenced by the observations made in the impugned order. 7.

Both the writ petitions stand disposed of in above terms. No costs.

(AMIT BORKAR, J.)