Vijay Sebastian Gosalves And ORS v. T.M. Kakadeand ORS
23-wp5544-2026 Final.doc MPBalekar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5544 OF 2026 Vijay Sebastian Gonsalves and Ors.
... Petitioners V/s.
T.M. Kakade and Ors.
... Respondents Mr. Robert D'Abreo i/by JRA Law Associates LLP for the petitioner.
Mrs. A.A. Purav, AGP, for the State - Respondent Nos. 2 & 4.
CORAM
: AMIT BORKAR, J.
DATED : APRIL 27, 2026 P.C.:
1.
Though the petitioners have also assailed the validity of the certificate issued under Section 98 of the Maharashtra Cooperative Societies Act, 1960, it appears that the substantive and principal grievance of the petitioners arises from the proceedings initiated under Section 88 of the said Act. It is not in dispute that the challenge to those proceedings is already the subject matter of a revision application pending before the State Government under Section 154 of the Act for a considerable length of time. 2.
It is further brought to the notice of this Court that an application seeking interim relief in the said revision proceedings is also pending consideration and has not yet been adjudicated. 3.
Having regard to the aforesaid circumstances, and considering that the principal controversy is already seized by the revisional authority, this Court is of the view that the ends of
23-wp5544-2026 Final.doc justice would be adequately served if the State Government is directed to take up and decide either the application for interim relief or, if found expedient, the revision application itself, on its own merits and in accordance with law, within a period of four weeks from today.
4.
The parties are directed to remain present before the State Government on 4 May 2026 at 3.00 p.m., without awaiting any separate notice.
5.
Upon such appearance, the State Government shall proceed to hear the parties and thereafter decide either the pending application for interim relief or the revision application itself, within a period of four weeks, after extending due opportunity of hearing to all concerned sides.
6.
In view of the aforesaid directions and without expressing any opinion on the merits of the rival claims, the writ petition stands disposed of.
(AMIT BORKAR, J.)