The Bharitya Friends Coopertive Housing Society Ltd v. State Of Maharashtra Thr Dy Registrar And ORS

47-WP-12017-2025.DOC Rekha Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12017 OF 2025 The Bharitya Friends Coopertive Housing Society

...Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

Ms. Rashi P. Sheth, for the Petitioner.

Ms. Ashwini A. Purav, AGP, for the Respondent No.1-State. Mr. Rohan Agarwal a/w Yaha Batatawala, for the Respondent No.2.

CORAM:

SUMAN SHYAM & S. M. MODAK, JJ.

DATED:

11th NOVEMBER, 2025.

PC:- 1.

Heard Ms. Sheth, learned Counsel appearing for the Petitioner. Also heard Ms. Purav, learned AGP appearing for the Respondent No.1-State and Mr. Agarwal, learned Counsel appearing for the Respondent No.2.

2.

This Writ Petition is directed against the Show Cause Notice dated 4th July, 2025, issued by the Respondent No.1 based on the complaint lodged by the Respondent No.2.

3.

According to the Petitioner, the Show Cause Notice indicates predisposition of mind on the part of Respondent No.1. Therefore, the Petitioner apprehends that it would not get a fair decision in the proceeding from the said Authority. REKHA PRAKASH PATIL 11th November, 2025 REKHA PRAKASH PATIL Date: 2025.11.13 15:09:12 +0530

47-WP-12017-2025.DOC 4.

The above assertion has, however, been denied and disputed by the learned AGP, who submits that the matter is now ready for final hearing and will be decided in accordance with law. 5.

Having heard the submissions made at the bar, we are of the view that the proceeding pending before the Respondent No.1 must be brought to its logical end by following the due process of law. Therefore, we dispose of the Writ Petition by granting three weeks' time to Writ Petitioner to submit reply to the Show Cause Notice. Thereafter, the matter may proceed in accordance with law. 6.

We make it clear that whatever be the decisions arrived at by the Respondent No.1, the same shall be done after affording fair opportunity to the Petitioner to present its case and also without being influenced by any projection made in the impugned Show Cause Notice.

7.

Writ Petition stands disposed of accordingly. (S. M. MODAK, J.) (SUMAN SHYAM, J.) { 11th November, 2025