Kiran Vasant Pailwan And ORS v. The State Of Maharashtra Thoru. Sec. Co-Operation Dept And ORS

by SANTOSH SUBHASH KULKARNI Date:

2025.08.13 21:19:07 +0530 SANTOSH SUBHASH KULKARNI Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9136 OF 2025 Kiran Vasant Pailwan and ors.

...Petitioners

Versus

The State of Maharashtra and ors.

...Respondents

Mr. G. N. Salunke, a/w P. A. Pol and Sharad Suryawanshi, i/b Pol Legal Juris, for the Petitioners.

Mr. B. B. Dahiphale AGP for the State - Respondent Nos.1 to 3. Mr. R. R. Sharma, a/w Shweta Jadav, i/b Juris Salvation, for Respondent No.18.

Mr. Mateen Shaikh, for Respondent No.4.

CORAM:

N. J. JAMADAR DATED:

13th AUGUST, 2025 Oral Order:- 1.

Heard the learned Counsel for the parties.

2.

The challenge in this petition is to an order dated 1st July, 2025, whereby in the revision application preferred by the petitioner under Section 154 of the Maharashtra Co-operative Societies Act, 1960 ("the Act, 1960") against an order passed by the Deputy Registrar under Section 75(5) of the Act, 1960, removing the petitioners from the committee of Vashi Fantasia Business Park Premises Co-operative Society Ltd., Mumbai, the application for stay to the execution and operation of the said order passed by the Deputy Registrar came to be rejected. 1/3

3.

The learned Counsel for respondent No.4, on whose complaint, the Deputy Registrar initiated the action under Section 75(5) of the Act, 1960, informed the Court that the revision application was listed before the Joint Registrar on 21st July and 1st August, 2025 and the petitioners sought an adjournment.

4.

The learned Counsel for the petitioners submitted that the petitioners are willing to appear before the revisional authority. However, in the meanwhile, the order passed by the Deputy Registrar removing the petitioners from the committee of the society be stayed.

5.

The Court is informed that a Committee is managing the affairs of the Society. In that view of the matter, when the revision application itself is listed for final hearing on 20th August, 2025, at this stage, there is no propriety in entertaining the petition against an interlocutory order.

6.

Let the parties appear before the Joint Registrar on 20th August, 2025.

7.

The Joint Registrar is requested to make an endeavour to hear and decide the revision application as expeditiously as 2/3

possible and, preferably, within a period of six weeks from 20th August, 2025.

8.

It is clarified that this Court has not entered into the merits of the matter.

9.

All contentions of all the parties are kept open for consideration by the Joint Registrar.

[N. J. JAMADAR, J.] 3/3