Petition challenging dismissal of appeal against interim order of Co-operative Court due to delay. Court declines interference as main dispute remains pending, directs Co-operative Court to decide within eight months.
Co-operative Court directed to decide the pending dispute expeditiously, preferably within eight months.
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WP-1163-14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1163 OF 2014
M/s. Bhoomiutstav Co-op. Housing Society Ltd. ...Petitioner. vs.
Sridevi C. Pandya and ors.
...Respondents.
Mr. Pravin Patel i/by Pradeep Shukla for the Petitioner. Ms. Sadhana Bhatt for Respondent No.2 in person and C.A. of Respondent Nos. 1,3,4,5 and 6. Mr. Mohit Jadhav,A.G.P. for Respondent No.7.
CORAM : M. S. SANKLECHA, J. DATE : 12 SEPTEMBER 2014
PC:
This petition under Article 226 of the Constitution of India challenges the order dated 22 April 2013 passed by the Maharashtra Co-operative Appellate Court at Mumbai. By the impugned order dated 22 April 2013, the petitioner's appeal against an interim order dated 7 June 2010 by the Co-operative Court at Mumbai was dismissed. The respondent Nos. 1 to 6 herein had raised a dispute before the Cooperative Court at Mumbai and obtained an interim relief restraining the petitioner from expelling them from membership of the petitioner society without following the due process of law and also preventing the petitioner society from restraining respondent Nos. 1 to 6 from giving their flats on leave and licence.
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account of delay of over 2 years as the petitioner had not made out any case for condoning the delay. The interim order was dated 7 June 2010 and the appeal from it was filed only on 22 October 2012.
(M.S. SANKLECHA, J.)
1 issue framed by the court
Whether the High Court should interfere with the Co-operative Appellate Court's order dismissing the appeal due to delay.
1 provisions across 1 enactments
M/s. Bhoomiutstav Co-op. Housing Society Ltd.
Sridevi C. Pandya
M. S. Sanklecha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
