The High Court held a Contempt Petition time-barred as the alleged willful disobedience occurred in 2009 and the petition was filed in 2018, refusing to condone the delay. The petition was disposed of without deciding merits.
The Contempt Petition is disposed of as hopelessly time-barred.
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.
cp112.18
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CONTEMPT PETITION NO.112 OF 2018 IN
WRIT PETITION NO.7629 OF 2008
1) Shri Ashok Bansilal Kotecha,2) Shri Vijay Shivlal Kotecha,3) Shri Anil Keshrimal Pagariya
...PETITIONERS
VERSUS
1) Shri K.R. Rathanle,
The Taluka Deputy Registrar,
Co-operative Societies, Dhule,
2) Shri S.N. Patil,
The Authorized Officer,
Guru Mahatma Urban Co-operative
Credit Society, Dhule.
...RESPONDENTS
...
Mr. Shrikant S. Patil Advocate for Petitioner.
...
CORAM: S.S. SHINDE AND
DATE : 4TH APRIL, 2018
ORDER :
1. Heard. The Contempt Petition is hopelessly
time barred. The order of which willful
cp112.18
2
disobedience alleged, has been passed in the year
2009. This Contempt Petition has been filed in the
year 2018. The contention of the counsel appearing
for the Petitioner is that the letter written by
the District Deputy Registrar of Co-operative
Societies, Dhule is dated 4thMarch, 2016
communicating the Petitioner about the inquiry
conducted under Section 88 of the Maharashtra Co-
operative Societies Act and Certificate issued
under Section 98 of the Maharashtra Co-operative
Societies Act. Even if we take the said date i.e.
4th March, 2016, there was no reason to delay the
filing of this Contempt Petition in the year 2018.
2.In that view of the matter, leaving open
the remedy available to the Petitioners, as may be
available in law, to assail the subsequent orders
passed by the authorities, this Contempt Petition
stands disposed of.
[S.M. GAVHANE, J.] [S.S. SHINDE, J.]
asb/APR18
2 issues framed by the court
Whether the Contempt Petition is time-barred.
Whether to decide merits after finding condonation is missing.
Shri Ashok Bansilal Kotecha
Shri Vijay Shivlal Kotecha
Shri Anil Keshrimal Pagariya
Shri K.R. Rathanle
Shri S.N. Patil
S.M. GAVHANE
S.S. SHINDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court