M/S Omniscan Micro System Pvt Ltd Thro. Director v. Siddhachal Phase Ii Co Op. Hsg. Soc. Ltd And ORS

Neeta Sawant 14-WP-7238-2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7238 OF 2026 M/s. Omniscan Micro System Pvt. Ltd.

...Petitioner

V/s.

Siddhachal Phase II Co-operative Housing Society Ltd. And Ors.

...Respondents

________________ Ms. Tashrique Choudhary i/b Pritesh Burad Associates for the Petitioner. Ms. Mamta S. Srivastava, AGP for the Respondent Nos. 2 and 3 / State. ________________

CORAM:

SANDEEP V. MARNE, J.

DATED: 16 June 2026.

P.C.:

1) By this Petition, the Petitioner challenges order dated 9 September 2025 passed by the Divisional Joint Registrar dismissing Revision Application No. 178/2023 and confirming the Recovery Certificate issued by the Deputy Registrar on 18 August 2023. 2) I have heard Ms. Choudhary, the learned counsel appearing for the Petitioner. It appears that earlier Recovery Certificate dated 30 March 2019 was issued by the Deputy Registrar in respect of the arrears of maintenance due and payable by the Petitioner. It appears that by order dated 30 March 2019 passed by the Deputy Registrar, Society's Page No.

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Neeta Sawant 14-WP-7238-2026 application for Recovery Certificate was rejected. The Society preferred the Revision Application No. 73 of 2019, which was partly allowed by the Divisional Joint Registrar and the recovery application was remanded for fresh consideration by the Deputy Registrar. In the remanded proceedings, the Deputy Registrar has passed order dated 18 August 2023 issuing Recovery Certificate for an amount of Rs.7,69,164/- against the Petitioner in addition to costs. Petitioner's Revision against the Recovery Certificate has been dismissed by the Divisional Joint Registrar. 3) It must be observed that the Petitioner has not filed the present Petition with necessary alacrity. The order of the Divisional Joint Registrar was passed on 9 September 2025, whereas the petition is filed belatedly on 26 May 2026.

However, even if the aspect of delay is to be momentarily ignored, it is seen that the Petitioners has not been able to make out any case of perversity in the findings recorded by the Deputy Registrar and the Divisional Joint Registrar. Petitioner's complaint about charging of compound interest by the Society is vague. Petitioner was unable to demonstrate before the Deputy Registrar and the Divisional Joint Registrar as to how compound interest is charged by the Society. Even before me, Ms. Choudhary is unable to demonstrate charge of compound interest by the Society. Petitioner has thus failed to make out any case for interference in the impugned orders passed by the Deputy Registrar and Divisional Joint Registrar. The Writ Petition is bereft of merits. It is accordingly dismissed with no order as to costs.

2026.06.17 11:21:37 +0530 NEETA SHAILESH SAWANT [SANDEEP V. MARNE, J.] Page No.

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