Appeal against an ad-interim order restraining the appellant from alleging the society's registration was illegal. The High Court found no error as the cancellation application remained rejected, dismissing the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
appl-256.16
pmw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (L.) NO.256 OF 2016 IN
NOTICE OF MOTION (L.) NO.1793 OF 2016 IN SUIT (L.) NO.635 OF 2016
Mohit Bhardwaj … Appellant Versus Splendor Complex Co-op. Housing Society Ltd. And Ors. … Respondents
Mr. Mohit Bhardwaj Appellant in person.
Mr. H.S.S.Mohanty a/w Mr. Thomas Janes i/by Avris Legal for the Respondent No.1.
Mr. V.S. Kapse a/w Mr. Upendra Mahadik i/by Fast Track Legal for the Respondent Nos.2 to 7, 9, 10 and 13.
CORAM : A.S. OKA & A.A. SAYED, JJ. DATE : 18th JULY, 2016
P.C.
Not on board. Taken on board.
1 Heard the Appellant appearing in person. The order
impugned is an ad-interim order dated 4th July, 2016. Paragraph 1 of the impugned order reads thus :-
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appl-256.16
being Revision Application No.855 of 2015 impugning the said order dated 18th April, 2015. The said Revision Application too is now rejected by the Minister of Cooperation. In view thereof, the Defendants are restrained by an order and injunction from writing any letters to any third party and/or members of the Plaintiff's Society stating that the registration of the Plaintiff's Society is illegal.”
2 Paragraph 2 shows that the Notice of Motion for interim relief is fixed for hearing on 25th July, 2016.
3 As of today, the application made by the Appellant for cancellation of registration of the Plaintiff Society stands rejected. Therefore, we do not find any error in the discretionary ad-interim order passed by the learned Single Judge. Needless to add that the injunction granted against the Appellant does not prevent the Appellant from filing appropriate proceedings for challenging the orders passed by the Authorities under the Maharashtra Co-operative Societies Act, 1960 arising out of Application for cancellation of the registration. Therefore, subject to what is observed above, no case for interference is made out with the discretionary and equitable ad-interim relief granted by the learned Single Judge. Subject to what is observed above, the Appeal is dismissed. Pending Notice of Motion do not survive.
(A.A. SAYED, J ) (A.S. OKA, J )
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1 issue framed by the court
Whether the single judge erred in granting discretionary ad-interim relief restraining the appellant from writing letters challenging the rejection of the cancellation application.
Mohit Bhardwaj
Splendor Complex Co-op. Housing Society Ltd.
A.S. OKA
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
