Brijbasi Prints And Packaging v. The District Deputy Registrar Co Op. Soc. Mumbai And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7741 OF 2025 S C Deepak Chandra and another ...
Petitioners vs.
The District Deputy Registrar, Co-operative Societies, Mumbai-1 (City) and others ...
Respondents AND WRIT PETITION NO. 7747 OF 2025 Brijbasi Prints and Packaging ...
Petitioner vs.
The District Deputy Registrar, Co-operative Societies, Mumbai-1 (City) and others ...
Respondents Petitioner No.2 in-person in WP/7741/2025.
Mr. Bhavin Gada, i/b. Ms. Mandakini Sinh for petitioner in WP/7747/2025.
Mr. Bapusaheb Dahiphale, AGP for respondent Nos.1 and 2-State in WP/7741/2025.
Ms. Savina R. Crasto, AGP for respondent Nos.1 and 2-State in WP/7747/2025.
Ms. Rita Bhatia a/w. Ms. Priyanka Pardeshi, i/b. RDB Legal for respondent No.3 in both the petitions.
CORAM : MANISH PITALE, J.
DATE :
24th JUNE, 2025 P.C. :
.
On 18.06.2025, this Court, after hearing the learned counsel for the parties, directed the petitions to be listed for final disposal on 07.08.2025 and on the question of interim relief, directed as follows: '12. In the meanwhile, water connection to the units of the petitioners shall be restored, subject to the petitioners making payment of amounts to the respondent - Society, for the present, in terms of the bills raised by the respondent - Society for the last by PRIYA KAMBLI Date:
2025.06.25 10:46:21 +0530 PRIYA KAMBLI 1/3
quarter of 2024 and the first two quarters of 2025 and upon an undertaking being filed within two weeks on behalf of the petitioners to the effect that they shall continue to make such quarterly payments in terms of the such quarterly bills that shall be raised by the respondent - Society during the pendency of these petitions.
13. The payments shall be made by the petitioners for the last quarter of 2024 and first two quarters of 2025 on or before 15th July 2025.
14. It is made clear that if the petitioners make payment of amounts as per the bills raised for the last quarter of 2024 and the first quarter of 2025, the water connection shall be restored forthwith, subject to the petitioner continuing to abide by the directions contained in paragraph Nos. 12 and 13 above.' 2.
Today, the petitions have been listed upon mentioning, as the rival parties have levelled allegations against each other with regard to the manner in which the above-quoted interim directions are to operate.
3.
Although an apprehension was expressed on behalf of the petitioners that while raising bills for the last quarter of 2024 and first two quarters of 2025, the contesting respondent has also added arrears to the same, the learned counsel for the said respondent fairly stated that the arrears are not being insisted upon for the present and that the amounts that are otherwise payable specifically for the said quarters, are being insisted upon by the said respondent. 4.
It is to be noted that these bills include amounts towards penalty for using common passage. This, according to the said respondent, is based on a resolution dated 25.09.2024 passed by the General Body. The learned counsel appearing for the petitioner in 2/3
Writ Petition No.7747 of 2025 and the petitioner No.2 appearing in person in Writ Petition No.7741 of 2025, raised objections with regard to the said penalty for using the common passage and sought to make submissions with regard to the resolution passed in the General Body. This Court is of the opinion that at this stage, such objections cannot be entertained and that the petitioners ought to pay amounts under the said head also, without prejudice to their rights and contentions in the pending writ petition. 5.
In view of the above, to avoid any further confusion in the matter, it is directed as follows:
(a) Petitioner in Writ Petition No.7747 of 2025 shall pay: (i) amount of 13309 + 7871 for last quarter of 2024; ₹ ₹ (ii) amount of 9659 + 9871 for first quarter of 2025; ₹ ₹ (iii) amount of 9659 + 13871 for second quarter of 2025 ₹ ₹ (b) Petitioner No.2 appearing in person in Writ Petition No.7741 of 2025 shall pay:
(i) amount of 11870 + 7152 for last quarter of 2024; ₹ ₹ (ii) amount of 8220 + 7152 for first quarter of 2025; ₹ ₹ (iii) amount of 8220 + 96152 for second quarter of 2025. ₹ ₹ 6.
With this clarification, the directions contained in the order dated 18.06.2025 shall be followed by the rival parties and the petitions shall be taken up for disposal on 07.08.2025. (MANISH PITALE, J) Priya Kambli 3/3