Melwyn Jude Pinto v. The Divisional Joint Registrar Of Housing Soc. And ORS

P2 WP 3765-25-C.DOC Priya Soparkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3765 OF 2025 Melwyn Jude Pinto

...Petitioner

Versus

The Divisional Joint Registrar of Housing Societies, Mumbai and ors.

...Respondents

Mr. Joaquim F. Fernandes, Advocate for the Petitioner. None for the Respondents.

CORAM

M.S. Sonak & Jitendra Jain, JJ.

DATED:

21st March 2025 PC:- Not on board. Taken on board upon mentioning. 1.

Heard Mr. Joaquim Fernandes, learned counsel for the Petitioner.

2.

Mr. Fernandes refers to the order dated 17th March, 2025 made by the learned Single Judge directing the placing of this petition before the appropriate Division Bench. He points out that the regular Division Bench is unavailable today and this Bench is the alternate Bench.

Digitally signed by PRIYA RAJESH SOPARKAR Date:

2025.03.24 10:51:32 +0530 PRIYA RAJESH SOPARKAR 21st March 2025

P2 WP 3765-25-C.DOC 3.

The Petitioner's grievance is that the second Respondent has filed Revision Application No.161 of 2022 seeking declaration as a deemed member of the third Respondent-society. Mr. Fernandes states that the Petitioner who is interested in opposing this interest, has filed an intervention application before the Revisional Authority. He states that the Revisional Authority without hearing the Petitioner is likely to dispose of the Revision Application and grant deemed member status to the second Respondent. 4.

According to us, this is not some case of grave urgency. In any event, if the Revisional Authority passes any adverse order as is apprehended by the Petitioner, the Petitioner will undoubtedly have remedies to get such order nullified.

5.

Accordingly, we dispose of this petition by clarifying that if the Petitioner is aggrieved by any orders made by the Revisional Authority, whether after hearing the Petitioner or otherwise, the Petitioner will be at liberty to challenge such orders in accordance with law.

6.

The petition is disposed of. No costs.

(Jitendra Jain, J.) (M. S. Sonak, J.) 21st March 2025