Disposed

Ramachal Samarth Yadav v. Pawankumar Nandkishor Singh and Anr.

Bombay HC12 Apr 2024IA/6625/2024

Case brief

AI extract

What is this about?

The High Court clarified that an interim stay granted on the execution of an impugned order did not stay the further proceedings or hearing of the revision application challenging that order.

What did the court decide?

Interim application allowed to clarify that the revision application proceeding continues despite the interim stay on the specific order's execution.

Ramachal Samarth Yadav Vs Pawankumar Nandkishor Singh and Anr. — Bombay HC (2024) — LawSathi Research

¶1

12.6625.24 ia.docx

¶2

Iresh

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶4

CIVIL APPELLATE JURISDICTION

¶5

INTERIM APPLICATION NO. 6625 OF 2024 IN

¶6

WRIT PETITION NO. 9242 OF 2023

¶7

Ramachal Samarth Yadav .....Applicant

¶8

Vs.

¶9

Pawankumar Nandkishor Singh and anr .....Respondents

¶10

Mr. Ashok Mishra for the applicant Mr. Sairaj Dable a/w Mr. Sunil Dable for respondent nos. 3 and 4 Smt. M. S. Bane AGP for the State

¶11

CORAM : GAURI GODSE, J.

¶12

DATE : 12^th APRIL 2024

¶13

P.C.

¶14

This application is filed by respondent no. 4 seeking clarification

¶15

that interim relief granted in this petition is only to the execution and operation of the order dated 15^th May 2023 which is impugned by the petitioner in the Revision Application No. 251 of 2023.

¶16

Learned counsel for the applicant submits that the revision

¶17

1/3

¶18

12.6625.24 ia.docx

¶19

application is pending, however, in view of the interim stay granted by this Court, revision application is not taken up for hearing.

¶20

I have perused the papers. By order dated 5^th September 2023, writ petition is admitted and interim relief is granted in terms of prayer clause (d). Prayer clause (d) reads as under:

¶21

“d. That pending hearing and final disposal of the Writ Petition this Hon’ble court be pleased to grant stay to the operation, execution and/or implementation of impugned order dated 15.05.2023 passed by the Respondent No. 2, Deputy Registrar, Cooperative Societies, Western Mumbai and 12.06.2023 passed Respondent No. 1 by Divisional Joint Registrar Cooperative Societies, Mumbai Division and for that purpose issue necessary orders”.

¶22

Thus, by way of interim order, only the implementation of the

¶23

order impugned in the revision application is stayed and there is no stay granted to the further proceedings of the revision application.

¶24

Hence, interim application is allowed by clarifying that there is no stay to the further proceedings of the Revision Application No. 251 of

¶25

2/3

¶26

12.6625.24 ia.docx

¶27

2023 pending before Divisional Joint Registrar, Cooperative Societies, Mumbai.

¶28

It is clarified that further proceedings and hearing of the Revision Application No. 251 of 2023 to go on and grant of interim relief in this petition cannot be a ground to keep the revision application pending.

¶29

Interim application is disposed of in above terms.

¶30

Needless to clarify that revision application to be heard on its own merits uninfluenced by the pendency of this petition and interim relief granted in the petition.

¶31

[GAURI GODSE, J.]

¶32

3/3

¶33

Signed by: Iresh S. Mashal Designation: PS To Honourable Judge Date: 16/04/2024 11:59:11

Ramachal Samarth Yadav v. Pawankumar Nandkishor Singh and Anr.

Case brief

What is this about?

What did the court decide?

Ramachal Samarth Yadav v. Pawankumar Nandkishor Singh and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Yedeswari Maststya Vyavasaik Sahakari Sanstha Maryadit Vs the State of Maha. Thr.Prin. Sec. and Ors.

Navnath Aba Mergal and Ors. Vs Vitthal Bapu Mergal and Ors.

M/S Star Plus and Anr. Vs Dinesh R. Jain and Ors.

Rushi Builder and Developers vs Vijay Chindhuji Bakane

Bhimashankar Mahadeo Jamadar vs Chaitali Sagar Survase and Ors.

Teena Mohit Wadhwa W/O Mohit H. Wadhwa vs Mohit Haresh Wadhwa