Anil G Shettty And ORS v. State Of Maharashtra Thr Minister Of Corporation And ORS

54-cwp-7632-25(2).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7632 OF 2025 Anil G. Shetty and Ors.

... Petitioners V/s.

State of Maharashtra & Ors.

... Respondents ---------------- Mr. Kishor Patil a/w. Mr. Amol Mhatre and Ms Sonal Dabholkar for the Petitioners.

Ms A.A. Purav, AGP for the Respondent/State.

----------------

CORAM

:

M.S. KARNIK & N.R. BORKAR, J.J.

DATE :

18th JUNE, 2025.

P.C.

1.

Heard the learned counsel for the petitioners. 2.

Learned counsel for the petitioners submitted that the Assistant Registrar, Cooperative Societies, Thane had disqualified the petitioners that too without issuing notice and in breach of principles of natural justice. The said contention has been raised by the petitioners in an appeal bearing Appeal No.5 of 2025 which is filed before the respondent No.3 - Divisional Joint Registrar. The said appeal is pending. Dinesh Sherla 1/2 This order is corrected in pursuance to the speaking to the minutes order dated 20.6.2025

54-cwp-7632-25(2).doc 3.

Learned counsel for the petitioners submitted that the petitioners must succeed only on the ground that no notice or that the order was passed by the Assistant Registrar in breach of principles of natural justice. In our opinion, it is open for the petitioners to press the application for stay in the appeal, which is preferred before respondent No.3. We therefore, direct respondent No.3 to decide the application for stay expeditiously and consider the grant of ad-interim/interim reliefs, on its own merits within a period of one week from 23rd June 2025.

4.

In the facts and circumstances of the present case, we find it appropriate to direct respondent No.3 to decide Appeal No.5 of 2025 within a period of six weeks from 23rd June 2025. 5.

The petitioners to appear before respondent No.3 on 23rd June 2025 at 11.00 a.m. along with copy of this order. The petition is disposed of in the aforesaid terms. (N.R. BORKAR, J.) (M.S. KARNIK, J.) Dinesh Sherla 2/2 This order is corrected in pursuance to the speaking to the minutes order dated 20.6.2025