Bombay High Court
Hermes Heritage Phase Ii And Iii ... vs Anita Hemraj Bora And Anr on 23 March, 2023
Author: Sarang V. Kotwal
Bench: S. V. Kotwal
1 18.wp-3358-23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3358 OF 2023
[Hermes Heritage Vs. Anita]
Office Notes, Office Court's or Judge's orders.
Memoranda of Coram,
appearances, Court's
orders or directions and
Registrar's orders
Mr. Chaitanya B. Nikte, Advocate a/w. Prajit S.
Sahane, for the Petitioner.
Ms. Manjiri Parasnis, Advocate for the Respondent
No.1.
Smt. V.S. Nimbalkar, AGP, for the Respondent Nos.2
to 4-State.
CORAM : SARANG V. KOTWAL, J.
DATE : 23rd MARCH, 2023
P.C.:
1. Learned counsel for the Petitioner submitted that
initially vide order dated 5.11.2019, the Deputy Registrar had
directed the Respondent No.1 to pay a certain amount and only
on such payments, the Petitioner was directed to issue 'no-dues
certificate'. This order was modified without any notice to the
Petitioner. The modified order was challenged by the
Petitioner before the Revisional Authorities and the Revision
was dismissed.
2. Learned counsel for the Petitioner submitted that now
the same dispute is pending before the Co-operative Court
under Section 91 of the Maharashtra Co-operative Societies
Act and under Section 91 sub-section (3), the Authorities do
not have any jurisdiction. He submitted that inspite of that, the
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2 18.wp-3358-23
Authorities are threatening to appoint an Administrator for the
society's management.
3. Learned counsel for the Respondent No.1 submitted
that there would be a possibility of settlement if the interest is
reduced to a reasonable extent.
4. Considering these submissions, today I am adjourning
the matter with ad-interim relief in favour of the Petitioner.
Hence, the following order :
:: O R D E R ::
i. Issue notice to the Respondents, returnable on 7.7.2023. Ms. Parasnis waives service for the Respondent No.1. Learned AGP waives service for the rest of the Respondents.
ii. Stand over to 7.7.2023. Till then, there shall be ad-
interim relief in terms of prayer clause (c).
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