Allowed

Sumitra Buildcon Pvt. Ltd. Thr Director Ramkishor J. Gupta v. Yahova Bunglow Co-Op Hous. Soc. Ltd. and Ors.

Bombay HC4 Dec 2023WP/10373/2023

Case brief

AI extract

What is this about?

The High Court quashed an impugned order passed by the Hon'ble Minister of Co-operation in a revision application due to failure to serve notice on the petitioner. The application was remanded to the Minister for time-bound disposal with a specified declaration keeping merits open.

What did the court decide?

The impugned order dated 28.01.2021 passed by the Hon'ble Minister of Co-operation in Revision Application No. 607 of 2019 is quashed and set aside. The said revision application is restored to the fi

Sumitra Buildcon Pvt. Ltd. Thr Director Ramkishor J. Gupta… — Quashing and FIR | Bombay HC (2023)

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WP 10373-2023.doc

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Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 10373 OF 2023

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Sumita Buildcon Pvt. Ltd.

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.Petitioner

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Vs.

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Yahova Bunglow Co-operative Housing Society .Respondents Ltd. & ors.

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Mr. Siddhesh Pilankar i/b. Dr. Uday P. Warunjikar, Advocate, for the Petitioner

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Mr. P. G. Sawant, AGP, for Respondent Nos. 16 to 18 – State Mr. Nitin Gangal, Advocate, for Respondent Nos. 1, 2, 5, 8 and 11 to 13

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Ms. Archana Ashokrao Shinde, Assistant Registrar, Co-operative Society, Murbad, District – Thane present

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DATE : 04.12.2023

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P. C.

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The Petitioner challenges the order dated 28.01.2021

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passed by the Hon’ble Minister of Co-operation in Revision Application No. 607 of 2019.

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It is one of the contentions of the Petitioner that no

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notice has been served on the Petitioner of the said Revision before the Hon’ble Minister of Co-operation.

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Mr. Sawant, learned AGP, who appears for

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1 of 3

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WP 10373-2023.doc

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Respondent Nos. 16 to 18, after taking instructions and on the basis of the record states that the record does not indicate that the Petitioner has been served.

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In view of this position, Mr. Gangal, learned counsel appearing for Respondent Nos. 1, 2, 5, 8 and 11 to 13 states that the Revision Application No. 607 of 2019 pending before the Hon’ble Minister of Co-operation may be remanded back and same may be directed to be disposed of in a time bound manner.

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Accordingly, the impugned order dated 28.01.2021

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passed by the Hon’ble Minister of Co-operation in Revision Application No. 607 of 2019 is quashed & set aside and the said Revision Application No. 607 of 2019 is restored to the fle of the Hon’ble Minister of Co-operation. All the parties are directed to appear before the Hon’ble Minister of Co-operation on 09.01.2024 at 11.00 a. m.. The Hon’ble Minister of Co-operation is requested to dispose of the said Revision Application No. 607 of 2019 on or before 30.04.2024 .

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The Writ Petition is disposed of in above terms with

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no order as to costs.

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2 of 3

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WP 10373-2023.doc

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It is clarifed that this Court has not considered the

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merits and all the contentions on merits of all the parties are expressly kept open.

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(MADHAV J. JAMDAR, J.)

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Sumitra Buildcon Pvt. Ltd. Thr Director Ramkishor J. Gupta v. Yahova Bunglow Co-Op Hous. Soc. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Sumitra Buildcon Pvt. Ltd. Thr Director Ramkishor J. Gupta v. Yahova Bunglow Co-Op Hous. Soc. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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