Shobha Vishal Shinde v. Recovery Officer Of Shivkrupa Sahakari Patpedhi Ltd. And ORS

Urmila Ingale 907-wp-7753-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2025.06.17 18:34:06 +0530 URMILA PRAMOD INGALE WRIT PETITION NO. 7753 OF 2025 Mrs. Shobha Vishal Shinde .. Petitioner VS.

Recovery Officer of Shivkrupa Sahakari Patpedhi Limited and ors.

.. Respondents Mr. Mandar Soman i/b Ms.Dimple Prakash Tejani, for the Petitioner.

Mr. B.V. Samant, for Respondents No. 1 and 2. CORAM : M.S.KARNIK, AND N.R.BORKAR, JJ.

DATE :

JUNE 17, 2025 P.C.:

1.

The revision before the Divisional Joint Registrar, Cooperative Societies, Mumbai Division, Mumbai is already filed and an application for stay of the order of recovery is made by the petitioner. We are not inclined to entertain the present petition as the petitioner has alternate efficacious remedy and the petitioner has availed of that remedy. Revision Application as well as an application for stay before Divisional Joint 1/2

Urmila Ingale 907-wp-7753-25.doc Registrar, Co-operative Societies to be heard on its own merits and in accordance with law. We have not made any observations on merits.

2.

Mr. Samant, learned counsel for the respondents no. 1 and 2 submits that this is a frivolous petition and the petitioner is only trying to delay the taking over of possession by Recovery Officer.

3.

The premises is a flat in question. Only in the interest of justice, without making any observations on merits and by way of indulgence, at the request of the petitioner, we direct the Recovery Officer not to take possession of the premises in question for a period of 1 week from today to enable the petitioner to obtain appropriate orders from the Divisional Joint Registrar, Co-operative Societies. All contentions are kept open. 4.

The writ petition is disposed of.

( N.R.BORKAR, J.) (M.S.KARNIK, J.) 2/2