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Bombay High CourtWP/8372/2025disposed off

Paarthasarathy Rangachary v. The State Of Maharashtra Thro. Secretary Co-Operation Department

2025-06-26Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar2 pages

910-wp 8372-25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8372 OF 2025 Paarthasarathy Rangachary& Ors.

... Petitioners

Versus

The State of Maharashtra & Ors.

... Respondents .............

Mr. G. N. Salunke a/w. Mr. Ranjit S. Hatkar for the Petitioners. Mr. N. C. Walimbe, Addl. GP a/w. Mr. S. P. Kamble, AGP for the Respondent-State.

CORAM

: M. S. KARNIK AND N. R. BORKAR, JJ.

DATED : 26 th JUNE, 2025.

P.C. :

1.

Learned counsel for the petitioners has challenged the order dated 13.03.2025 passed by the Deputy Registrar, Co-operative Societies, CIDCO, Navi Mumbai under Section 17 of the Maharashtra Co-operative Societies Act, 1960. Learned counsel for the petitioners submitted that against the order impugned, no doubt an appeal has been preferred before Respondent No.2-The Joint Registrar, Co-operative Housing Societies (CIDCO) and along with appeal an application for interim stay is filed. It is the grievance of the learned counsel for the petitioners that though the interim application for stay was filed, the appellate authority is not taking any decision on the application for stay or hearing the appeal finally and, therefore, the petitioners have no option but to approach this Court as the meeting for appointing a new Chief Promoter is scheduled on Amk 1/2

910-wp 8372-25.doc 06.07.2025. Mr. Sakhare, learned senior advocate appearing for respondent No.46 submitted that they are willing to co-operate with the hearing of the appeal or even as regards the hearing on the application for stay before respondent No.2, as even the written submission is filed by respondent No.46.

2.

In this view of the matter, the writ petition can be disposed of by directing respondent No.2 to hear and decide the application for stay on or before 03.07.2025. This shall be construed as sufficient notice to the petitioners and respondent No.46 to appear before respondent No.2 on 30.06.2025. The petitioners as well as respondent No.46 and other respondents to this petition shall not seek any adjournment and cooperate with respondent No.2. 3.

All contentions are kept open. It is equally open for respondent No.2 to hear the appeal itself and decide the same on or before 03.07.2025. If that is not possible, the application for stay be decided on its own merits on 30.06.2025 in accordance with law. 4.

The writ petition is disposed of.

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