Bombay High CourtWP/6208/2025disposed off

Ryan I Fernandes v. Makvel Nazreth Misquitta And ORS

2025-05-06Hon'Ble Shri Justice M. M. Sathaye , Hon'Ble Shri Justice A.S. Chandurkar2 pages

BHARAT DASHARATH PANDIT BHARAT DASHARATH PANDIT Date: 2025.05.06 21:04:19 +0530 1 904 WP-6208-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6208 OF 2025 Ryan I. Fernandes ....Petitioner V/s Makvel Nazreth Misquitta & Others .... Respondents.

Mr. Kishor Patil a/w Mr. Pratik B. Rahade, Advocates for the Petitioner. Mrs. Ashwini A. Purav, Assistant Government Pleader for Respondent Nos. 3, 4, 5 and 7.

CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE : 6th MAY, 2025 P.C. :

1] The only prayer pressed in the present writ petition is for a direction to be issued to the Respondent No.7 to consider the prayer for interim relief in the Revision Application preferred by the Petitioner under Section 154 of the Maharashtra Co-operative Societies Act 1960. 2] In the said Revision Application, the Petitioner has challenged the Inquiry Report dated 30/10/2024 issued by the Deputy Registrar as well as the order dated 11/02/2025 passed by the Commissioner for Cooperation. According to the Petitioner, in the light of these orders and notwithstanding stay application which is pending, steps are being taken to implement the said orders, thus causing prejudice to the Petitioner.

2] Considering the fact that the Revision Application was filed on 26/03/2025 and the authorities are seeking to enforce the orders that are challenged in the Revision Application, the following order is BDP-SPS 1/2

2 904 WP-6208-2025.doc passed:- (i) The Respondent No.7 shall consider the prayer for grant of interim relief in accordance with law, after hearing all concerned parties including Respondent Nos. 1 & 2, within a period of four weeks of receiving copy of this order. (ii) Without prejudice to the rights and contentions of all the parties, till the application for stay is decided, the orders impugned in the Revision Application, dated 30/10/2024 passed by the Deputy Registrar and 11/02/2025 passed by the Commissioner for Co-operation shall not be implemented. It is clarified that this direction is without entering into the detail merits of the proceedings and all contentions are kept open. (iii) The writ petition is disposed of in above terms.

All concerned to act on the authenticated or a duly digitally signed copy of this order.

(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J.) BDP-SPS 2/2