Disposed

Brandsmith Communications Ovt. Ltd. v. the Deputy Registrar of Co-Op. Societies K(West) and 3 Ors.

Bombay HC9 Apr 2013WP/747/2013

Case brief

AI extract

What is this about?

The Court directed the District Dy. Registrar to dispose of the petitioner's revision application and stay application expeditiously, stayed the warrant of attachment pending revision, and restrained the petitioner from creating third-party interests in the disputed flat.

What did the court decide?

The District Dy. Registrar to decide the revision and stay applications within 8 weeks; warrant of attachment stayed; petitioner restrained from creating third-party interest in the flat.

Brandsmith Communications Ovt. Ltd. Vs the… — Pension and Retirement Benefits | Bombay HC (2013)

¶1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

¶2

WRIT PETITION No. 747 OF 2013

¶3

Brandsmith Communications Pvt. Ltd.

¶4

..Petitioner.

¶5

Versus

¶6

Dy. Registrar, Co-operative Societies and Ors.

¶7

..Respondents.

¶8

Mr. Atul Singh i/b J.R.Vakil & Associates for the Petitioner. Mr. Umashankar Upadhyay for Respondent Nos. 1 and 3. Ms. Snehal Paranjpe i/b S.M.Kamble for Respondent No. 2.

¶9

Coram : RANJIT MORE, J. Date : April 9, 2013 .

¶10

P. C. :

¶11

Heard learned Counsel appearing on behalf of the Petitioner, Respondent Nos.1 & 3 and Respondent No.2. Though Respondent No. 4 is served by advocate's notice and affidavit of service to that effect is filed, none appears for Respondent No.4.

¶12

By this petition, the Petitioner is challenging notice before attachment issued by Respondent No.4. By the said notice, the Petitioner is directed to make payment of the

¶13

1 / 4

¶14

patilsr

¶15

dues under the recovery certificate or else the payment will be obtained by attachment and sale of the Petitioner's property.

¶16

Respondent No.2 filed proceedings under section 101 of the Maharashtra Co-operative Societies Act, 1960 before Respondent No.1 against the Petitioner for arrears of maintenance and other dues. Respondent No.1 allowed those proceedings and granted recovery certificate for an amount of Rs.8,61,655/- in favour of Respondent No.2 and against the Petitioner. The Petitioner has challenged this certificate by filing revision under section 154 of the Maharashtra Cooperative Societies Act, 1960, being Revision Application No. 5 of 2013 before the District Dy. Registrar.

¶17

The Petitioner contends that separate application for stay to the recovery certificate is also filed. Learned Counsel for the Petitioner submitted that prior to the filing of revision, Respondent No.4 served demand notice for an amount of Rs.10,60,665/- for the amount due under the recovery certificate. He submitted that he has deposited with Respondent No.2 society an amount of Rs.6,67,377/- after the filing of revision.

¶18

. Learned Counsel for Respondent No.2 does not

¶19

2 / 4

¶20

patilsr

¶21

dispute that amount due under recovery certificate as on January 2013 is Rs.10,60,665/-. She also does not dispute the payment by Petitioner to Respondent No.2.

¶22

The grievance of the Petitioner is that despite complying with the mandatory requirement under sub-section (2A) section 154 of the Maharashtra Co-operative Societies Act, 1960, the revisional authority has not granted stay to the recovery certificate and even the application for stay is not even numbered by the said authority and on the contrary Respondent No.4 has proceeded to execute the recovery certificate granted by Respondent No.1.

¶23

The Petitioner has disputed its liability and challenged the recovery certificate by filing revision. The Petitioner has deposited amount with Respondent No.2 which is more than 50% of the dues payable under the recovery certificate. In these circumstances, the interests of justice would be subserved by directing the revsional authority to dispose of the petitioner's revision expeditiously and further by putting the Petitioner to certain terms by directing him not to create any third party interest in Flat No.506, Everest Apartment, Church Road, Marol, Andheri (East), Mumbai – 400

¶24

3 / 4

¶25

patilsr

¶26

059 in respect of which recovery certificate is issued.

¶27

In the light of above discussion, writ petition is disposed of by passing following order :

¶28

(1) District Dy. Registrar, Co-operative Societies (3), Western Suburbs, Mumbai is directed to decide the Petitioner's revision application alongwith stay application as expeditiously as possible and preferably within the period of 8 weeks from the date of receipt of a copy of this order.

¶29

(2) During the pendency and till the final disposal of revision, warrant of attachment issued by Respondent No. 4 is stayed.

¶30

(3) Till the disposal of revision, the Petitioner shall not create any third party interest in the flat in question, i.e., Flat No.506, Everest Apartment, Church Road, Marol, Andheri (East), Mumbai – 400 059.

¶31

(4) It is made clear that all the points and contentions of the respective parties are kept open. Revisional authority shall decide the revision independently on its own merits.

¶32

[RANJIT MORE, J.]

¶33

4 / 4

¶34

patilsr

Brandsmith Communications Ovt. Ltd. v. the Deputy Registrar of Co-Op. Societies K(West) and 3 Ors.

Case brief

What is this about?

What did the court decide?

Brandsmith Communications Ovt. Ltd. v. the Deputy Registrar of Co-Op. Societies K(West) and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shridharan R. Thaliya Parambil Owenr of Hotel TADKA-2 Vs the State of Maharashtra and 4 Ors.

Juhu Alaknanda Co-Op. Hsg. Socl Ltd. Vs Executive Engineer and 3 Ors.

Shri Radhakrishnan N. Pillai and Ors. Vs M/S.Engineering Export Promotion Council

Pushpa Mulchandani Vs Samudra Mahal Premises Co-Operative Society Ltd.

Kamgar Utkarsha Sabha Vs Neo Pharma Pvt. Ltd. and 7 Ors.

M.V.I.R.D.C. Employees Union Vs M/s. M. Visvesvaraya Industrial Research and Ors.