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Bombay High CourtWP/6748/2025disposed off

Rishiskesh Park Co Op. Hsg. Soc. Federation Ltd And ORS v. The Divisional Joint Registrar Of Co Op. Soc. And ORS

2025-05-30Hon'Ble Shri Justice Amit Borkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6748 OF 2025 Rishiskesh Park Cooperative Housing Society Federation Ltd & Ors

...Petitioner

Versus

The Divisional Joint Registrar Of Cooperative Society & Ors

...Respondents

Mr. Aadil Parsuampuria a/w. Mehul Rathod, Chetan Shah, Dhanashree Pavalkar i/b. M/s. Legal Vision, for the Petitioner. Mr. Amit Padwal i/b. Sahil Saiyed, Advocate for Respondent No.5.

Mr. Arun Panilkar a/w. Vinay Nair i/b. A. Somvanshi, Advocate for Respondent No.3.

Ms. Kavita N. Solunke, AGP for State.

CORAM

: SOMASEKHAR SUNDARESAN, J.

DATE : MAY 30, 2025 (VACATION COURT) PC :

1.

This Petition impugned an order of deregistration of the Petitioner as a Co-operative Housing Society Federation. As a Digitally signed by AARTI GAJANAN PALKAR Date:

2025.05.31 13:23:58 +0530 AARTI GAJANAN PALKAR

consequence, it is stated on behalf of the Petitioner that all the banks have frozen the accounts of the federation on the premise that it is no longer a recognised federation that is in existence. 2.

Learned Counsel for the Petitioner submits that there is no tearing urgency for the order to take effect when this his precious right to challenge the same being heard. It is submitted that the impugned order although dated April 30, 2025 was received on May 9, 2025, which coincides with this Court going on vacation. In these circumstances, taking into account the fact that the federation is said to have been in existence and in operations for nearly seven years or more than seven years, it would be appropriate to stay the effect and operation of the impugned order for a period of three weeks after reopening.

3.

List on June 23, 2025 for consideration by the regular Bench as to whether this arrangement should continue. The other parties are at liberty to move the vacation Bench prior to the next date to highlight the need to vacate this arrangement.

4.

It is made clear that all contentions including the objection with the maintainability of this Petition are also left open for consideration by the regular Bench.

5.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.]