Disposed

Mr. Jay Kumar N. Shah v. Divisional Assistant Registrar and Ors.

Bombay HC17 Jun 2015WP/3881/2024

Case brief

AI extract

What is this about?

Order in group writ petitions concerning calculation of maintenance charges. Petitioner challenges revision authority order dismissing appeals against society's compounded interest. Court issues notice and grants ad-interim relief conditional on deposit.

What did the court decide?

Notice issued for return on 01.07.2015. Ad-interim relief granted contingent upon deposit of Rs.1,25,000 per petition before the returnable date.

Mr. Jay Kumar N. Shah vs Divisional Assistant Registrar… — Cooperative Societies | Bombay HC (2015)

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17.06.2015

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WP-13947-15 Group matters.doc

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IN THE HIGH COURT OF JUDICATURE AT B CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.13947 OF	OMBAY 2015
Mr. Sunil Kumar Jayantilal Shah Versus	.. Petitioner
Divisional Assistant Registrar,
Coop. Housing Society, Kokan Division,
Kokan Bhavan, New Mumbai and others	.. Respondents
WITH WRIT PETITION (STAMP) NO.13948 OF	2015
Mr. Jay Kumar N. Shah	.. Petitioner
Versus
Divisional Assistant Registrar,
Coop. Housing Society, Kokan Division,
Kokan Bhavan, New Mumbai and others	.. Respondents
WITH WRIT PETITION (STAMP) NO.13949 OF	2015
Miss. Dipika Jay Kumar Shah Versus	.. Petitioner
Divisional Assistant Registrar,
Coop. Housing Society, Kokan Division,
Kokan Bhavan, New Mumbai and others	.. Respondents
WITH WRIT PETITION (STAMP) NO.14124 OF	2015
Mr. Manish P. Shah	.. Petitioner

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BGP .

17.06.2015

WP-13947-15 Group matters.doc

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Versus

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Divisional Assistant Registrar, Coop. Housing Society, Kokan Division, Kokan Bhavan, New Mumbai and others .. Respondents

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Mr. Manish Jain i/by S. M. Jain & Associates, for the Petitioner in all Writ Petitions.

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Mrs. V. S. Nimbalkar, AGP for the Respondent Nos.1 & 2.

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CORAM : R.M. SAVANT, J. DATE : 17^th JUNE, 2015

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P.C.

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Heard Mr. Manish Jain, the Learned Counsel appearing for the Petitioner.

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Issue notice to the Respondents, returnable on 01.07.2015. In addition to service of notice through Court, the advocate for the Petitioners shall serve a private notice by Registered Post A.D. and/or by Courier service and/or by hand delivery on the Respondents and shall file affidavit of service before the returnable date.

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The orders passed by the Revisionary Authority dismissing the Revision Applications filed by the Petitioner above named is taken exception to by way of the above Petitions. The said Revision Applications were filed against the certificates issued under Section 101 of the Maharashtra Cooperative Societies Act. The principal grievance of the Petitioner is that the outstanding amount of the maintenance charges has

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BGP .

17.06.2015

WP-13947-15 Group matters.doc

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been calculated by the Respondent No.4 society by compounding the interest. It is the contention of the Learned Counsel for the Petitioner that in terms of the bye law, the society would be entitled to simple interest. In so far as the Petitioners are concerned, the outstanding amount due as on March 2015 as per the societies own calculation as per the Learned Counsel for the Petitioner is as under :

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Sr. No.	Writ Petition Nos.	Name of theparty	Amount
1	WP(ST) No.13947/2015	Mr. Sunil Kumar Jayantilal Shah	Rs.1,65,964.18
2	WP(ST) No.13948/2015	Mr. Jaykumar N. Shah	Rs.1,87,728.15
3	WP(ST) No.13949/2015	Miss. Dipika Jay Kumar Shah	Rs.1,75,671.16
4	WP(ST) No.14124/2015	Mr. Manish P. Shah	Rs.1,64,096.47

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The Learned Counsel for the Petitioner states that the Petitioners have no objection to deposit the amount which would be calculated as per simple interest. Hence, there would be adinterim relief in terms of prayer clause “C” on the condition that the Petitioner deposits an amount of Rs.1,25,000/ in each of the above Petitions before the returnable date. If the amount is not deposited in this Court and unless time is extended, the adinterim relief would stand vacated.

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[R.M. SAVANT, J]

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BGP .

Mr. Jay Kumar N. Shah v. Divisional Assistant Registrar and Ors.

Case brief

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Mr. Jay Kumar N. Shah v. Divisional Assistant Registrar and Ors.

Case brief

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What did the court decide?

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