Nirav Ashok Desai and Ors. vs the Divisional Joint Registrar Co. Operative Societies Mumbai Division and Ors. — Bombay HC (2025) — LawSathi Research

Nirav Ashok Desai and Ors. vs the Divisional Joint Registrar Co. Operative Societies Mumbai Division and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Both orders dated 21 March 2024 (six-year disqualification of all managing committee members and appointment of administrator) directed to remain suspended during pendency of Appeal No. 88 of 2024; Appeal to be decided on its own merits uninfluenced by this Court's observations; Divisional Joint Registrar to endeavour to decide the Appeal and Revision expeditiously.

Issue for consideration

Whether the order dated 25 April 2024 of the Divisional Joint Registrar rejecting the prayer for stay of the Deputy Registrar's orders dated 21 March 2024 (disqualification of managing committee members and appointment of administrator) calls for interference, and whether those orders should remain suspended during pendency of the Appeal and Revision.

Court's answer

The Petition is disposed of by directing that the orders dated 21 March 2024 shall remain suspended during pendency of Appeal No. 88 of 2024, which shall be decided on its own merits by the Divisional Joint Registrar without being influenced by any of the observations made by this Court.

Ratio / Principle

The Divisional Joint Registrar shall make an endeavour to decide the Appeal and the Revision in an expeditious manner.

Detailed headnote1 paragraphs

Writ Petition under Article 226 jurisdiction (Civil Appellate side), Bombay High Court (Sandeep V. Marne, J.) — Challenge to order dated 25 April 2024 of the Divisional Joint Registrar, Cooperative Societies Mumbai Division, rejecting stay of the Deputy Registrar's order dated 21 March 2024 disqualifying all managing committee members of the society for six years under Section 79(A)(3) of the Maharashtra Co-operative Societies Act, 1960, read with a concurrent order appointing an administrator. The Appeal (No. 88 of 2024) stood admitted on 25 April 2024 and a separate Revision was pending against the administrator-appointment order. On Respondent No.2's statement of no objection, the Court directed that both orders dated 21 March 2024 shall remain suspended during pendency of the Appeal and Revision, to be decided expeditiously on their own merits without influence from the Court's observations. Petition partly allowed and disposed of.

Sonali Mane

26-WP-9938-2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 9938 OF 2024

Nirav Ashok Desai and Ors … Petitioners

Versus

The Divisional Joint Registrar Co-operative

Societies Mumbai Division and Ors

… Respondents

Mr. Darshit K. Jain a/w Mr. Udit Raghuwanshi i/b Ms. Divya D. Jain for the Petitioners.

Mr. P.V. Nelson - Rajan, AGP for the Respondent/State.

Mr. Amogh Singh a/w Mr. Kaustubh Patil for Respondent No.2.

CORAM : SANDEEP V. MARNE, J. DATE : 28 JANUARY 2025.

P.C. :

MANE SONALI DILIP

Digitally signed byMANE SONALI DILIP Date: 2025.01.30 15:14:47 +0530

The challenge in the present Petition is to the order dated 25 April 2024 passed by the Divisional Joint Registrar, Cooperative Societies Mumbai Division, Mumbai to the extent it rejects the prayer for grant of stay to the order dated 21 March 2024 passed by the Deputy Registrar. By order dated 21 March 2024 the Deputy Registrar has disqualified all the managing committee members of the society for a period of six years under provisions of Section 79(A) (3) of the Maharashtra Co-operative Societies Act, 1960 ( MCS Act ). By another order passed on 21 March 2024, an administrator is appointed to manage day to day affairs and for conduct of election.

___Page No.1 of 2 ___ 28 January 2025

Sonali Mane

26-WP-9938-2024.docx

By the impugned order, the Appeal preferred by Petitioners has already been admitted on 25 April 2024 and the same is bound to be heard by the Divisional Joint Registrar. It appears that a separate Revision is preferred against other order dated 21 March 2024. Considering this peculiar position, Mr. Singh, the learned counsel appearing for Respondent No.2, after taking instructions from his clients, makes a statement that he has no objection if both the orders dated 21 March 2024 are suspended during pendency of the Appeal and Revision before the Divisional Joint Registrar. He would however pray for an expeditious hearing of the Appeal and Revision by the Divisional Joint Registrar.

In that view of the matter, the Petition is disposed of by directing that the orders dated 21 March 2024 shall remain suspended during pendency of Appeal No. 88 of 2024, which shall be decided on its own merits by the Divisional Joint Registrar without being influenced by any of the observations made by this Court in the present order. The Divisional Joint Registrar shall make an endevour to decide the Appeal and the Revision in an expeditious manner.

With the above directions, the Petition is partly allowed and disposed of.

[SANDEEP V. MARNE, J.]

___Page No.2 of 2 ___ 28 January 2025