Bombay High Court
M/S. Sudha Mills (I) Pvt. Ltd. Thru ... vs District Dy. Registrar, Co-Op. Soc. ... on 9 July, 2019
Author: Nitin W.Sambre
Bench: Nitin W.Sambre
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SAS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST) NO.8353 OF 2019
M/s. Sudha Mills (I) Pct. Ltd. ..Petitioner.
V/s.
District Dy. Registrar & Ors. ..Respondents.
Mr.Monil Punjabi with Nirmal Chopda, Ms.Dhwani Bagdai i/b.
Vraj Legal for the petitioner.
Mr.C.D.Mali, AGP for respondent Nos.1 & 2.
Mr.Melvyn Fernandes I/b. Deepak Jamsandekar for respondent
No.4.
CORAM: NITIN W.SAMBRE, J.
DATE : JULY 9, 2019 P.C.:-
Heard respective counsel.
2. The petitioner feeling aggrieved by the recovery certificate issued under 101 of the Co-operative Societies Act, 1960 ('the Act' for short) vide order dated 11/4/2016 by the Deputy Registrar, Co-operative Societies, filed a revision under section 154 of the Act.
3. The revision filed under section 154 of the Act was ::: Uploaded on - 11/07/2019 ::: Downloaded on - 11/07/2019 22:35:15 ::: 2 1) wpst-8353-19.doc delayed by 1057 days.
4. The revision came to be dismissed as the revisional authority rejected the prayer for condonation of delay in absence of any bona fide cause. As such, this petition.
5. The recovery certificate came to be issued towards maintainance bill which the petitioner failed to pay since April, 1991 till March, 2014.
6. During the hearing of the present writ petition, on March 19, 2019 the petitioner handed over part amount of Rs.3,41,942/- to the petitioner and went on record before this Court furnishing an undertaking, that the petitioner shall deposit the balance amount within a period of three months.
7. The said commitment made before this Court was not honoured till date.
8. Thereafter, the matter was listed before this Court on June 6, 2019 when the petitioner reiterated his undertaking of payment of balance amount of maintainance, which is due and payable since 1991 by drawing a demand draft in favour of the respondent-society of which he is a member. As such, the matter was adjourned at his behest on June 19, 2019. ::: Uploaded on - 11/07/2019 ::: Downloaded on - 11/07/2019 22:35:15 :::
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9. Thereafter, the matter was listed on July 6, 2019 wherein a similar assurance was reiterated before this Court and it was assured that the petitioner will give a demand draft in favour of the respondent-society towards satisfaction of the entire dues of the maintainance amount payable till this date. I am informed by learned counsel for the respondent-society that as on date, the outstanding dues are to the tune of Rs.14 lakhs against the petitioner.
10. Today, again an adjournment is sought by the petitioner on the pretext that he will pay the amount at the earliest.
11. Apart from the fact that delay of 1057 days which is sought to be condoned in preferring a revision under section 154 of the Act is not at all explained, the least that was expected from the petitioner was to show his bona fides of honouring the undertaking given before this Court. The conduct of the petitioner as is noted hereinabove from day one i.e. March 19, 2019 till this date, enjoying ad-interim relief and not honouring the same, perhaps warrants initiation of contempt proceedings as the undertaking given to this Court is not honoured. ::: Uploaded on - 11/07/2019 ::: Downloaded on - 11/07/2019 22:35:15 :::
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12. However, without going into the said issue as to whether the petitioner can be proceeded against under the Contempt of Courts Act, suffice it to observe on merits that the aforesaid disrespect and disregard shown by the petitioner to the orders of this Court passed time and again, false assurances given by him and the fact that he is enjoying the property in question by residing in a Co-operative Housing Society since 1991 without making payment of the maintainance amount, does not call for any interference on the ground of equity in the supervisory jurisdiction. The petition, as such fails and is dismissed.
13. Considering the conduct of the petitioner, exemplary costs of Rs.25,000/- is saddled on the petitioner, which cost if not deposited in this Court within a period of four weeks from today, shall be recovered along with the recovery proceedings which will be taken up against the petitioner for satisfying the recovery certificate under section 101 of the Act.
14. Let the amount of cost be transferred to the Tata Memorial (Cancer) Hospital, Mumbai.
(NITIN W.SAMBRE, J.) ::: Uploaded on - 11/07/2019 ::: Downloaded on - 11/07/2019 22:35:15 :::