Dismissed

Ravi Digital Color Lab and Photo Studio Thr Its Proprietor and Ors. v. Mahesh Urban Co. Op Bank Ltd. Solapur and Ors.

Bombay HC10 Nov 2023WP/13648/2023

Case brief

AI extract

What is this about?

Petitioners sought to challenge a refusal to entertain a revision application due to non-compliance with a 50% deposit requirement by seeking interim relaxation. The court declined to consider merits, clarified respondents' rights to continue action, and dismissed the petitions.

What did the court decide?

The revision application standing refused was temporarily stayed pending deposit, but the petition itself was ultimately dismissed with no order as to costs.

Ravi Digital Color Lab and Photo Studio Thr… — Civil Procedure and Limitation | Bombay HC (2023)

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5 wps 13647,13648.23.doc

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Dusane

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BHALCHANDRA GOPAL DUSANE

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Digitally signed by BHALCHANDRA GOPAL DUSANE Date: 2023.11.10 15:28:59 +0530

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.13647 OF 2023

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Ravi Digital Colou Lab & Photo …Petitioners Studio through its Proprietor & Ors. V/s. Mahesh Urban Co-operative …Respondents Bank Ltd., Solapur & Ors.

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WITH

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WRIT PETITION NO.13648 OF 2023

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Ravi Digital Colou Lab & Photo …Petitioners Studio through its Proprietor & Ors.

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V/s.

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Mahesh Urban Co-operative …Respondents Bank Ltd., Solapur & Ors.

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Mr. Aditya Barthakur i/by Mr. Nilesh Joshi for Petitioners.

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Mr. Surel S. Shah for Respondent Mrs. V.S. Nimbalkar, AGP for Respondent-State.

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CORAM: MADHAV J. JAMDAR, J. DATE: 10th November 2023

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P.C.:

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1. The challenge in the present Writ Petitions is to the order of the Divisional Joint Registrar, by which the Divisional Joint

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5 wps 13647,13648.23.doc

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Registrar has refused to entertain the Revision on the ground that the requirement of 50% deposit of the recoverable dues as contemplated under Section 154 (2A) is not complied with.

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2. Mr. Barthakur, learned Counsel appearing for the Petitioner states that the Petitioners have complied with order dated 3^rd November 2023 and have deposited 25% of the recoverable dues. He states that the balance 25% will be deposited with the Society on or before 31^st January 2024. If such deposit is made, then in that case, impugned order of the Divisional Joint Registrar of not entertaining the Revision Application stands set aside and said Revision Applications are restored to file.

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3. It is clarified that this Court has not considered the merits and all the contentions on merits are expressly kept open.

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4. It is further clarified that the Respondent No.1- Cooperative Bank is at liberty to initiate or continue any other action in accordance with law.

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5. The Writ Petitions are dismissed in above terms with no order as to costs.

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(MADHAV J. JAMDAR, J.)

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Ravi Digital Color Lab and Photo Studio Thr Its Proprietor and Ors. v. Mahesh Urban Co. Op Bank Ltd. Solapur and Ors.

Case brief

What is this about?

What did the court decide?

Ravi Digital Color Lab and Photo Studio Thr Its Proprietor and Ors. v. Mahesh Urban Co. Op Bank Ltd. Solapur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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