Shree Vardhaman Park 9 Co Op Hsg. ... vs The Divisional Joint Registrar Co ...
2023 Latest Caselaw 8695 Bom

                                                         501-wp-10539-2023.doc
Sonali


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION

                            WRIT PETITION NO.10539 OF 2023


         Shree Vardhaman Park-9 Co-op. Housing Soc. Ltd.
         through Treasurer Mr. Ambuj Kumarl Lal          ...Petitioner
             Versus
         The Divisional Joint Registrar
         Co-operative Societies, Kokan Division,
         New Mumbai & Ors.                                ...Respondents


         Mr. Sagar Joshi, for the Petitioner.

         Mr. P. G. Sawant, AGP, for the Respondent-State.


                                  CORAM : MADHAV J. JAMDAR, J.

DATED : 24th AUGUST 2023 P.C. :

1. Not on board. Upon mentioning, taken on board.

2. Heard Mr. Joshi, learned counsel appearing for the

Petitioner.

3. The Petitioner is a co-operative housing society. The

recovery certificate under Section 101 of the Maharashtra

Cooperative Societies Act, 1960 (hereinafter referred to as "the

said Act") has been issued by order dated 12 th September 2018

passed by the Deputy Registrar, Cooperative Societies, Dombivli

501-wp-10539-2023.doc Sonali

against the Petitioner-society. The said recovery certificate is

for the amount of Rs.64,000/- and issued in the proceedings

filed by the Respondent No.3-Association.

4. Mr. Joshi states that said recovery certificate was

challenged by filing Revision. In Revision, Rs.32,000/- was

deposited on 9th April 2019. He states that pursuant to order

dated 30th January 2020 passed by the learned Joint Civil

Judge, Junior Division, Kalyan below Exhibit-7 in R. D. No.97 of

2018, the account of the society was frozen. The said Execution

Petition has been filed for execution of Judgment and Decree

passed in Summary Civil Suit No.11 of 2018.

5. Mr. Joshi states that in view of above circumstances, the

society is not in a position to make the payment. He states that

in the meanwhile, the Petitioner received notice dated 7th

August 2023 issued by the Recovery and Sales Officer, Thane of

the Thane District Co-operative Housing Federation Limited

informing the Petitioner-society that on 24 th August 2023 at

3.00 p.m. they would be taking action under Section 154B-29

and Rule 107 of the Maharashtra Cooperative Societies Rules.

6. In view of above submissions, issue notice to the

501-wp-10539-2023.doc Sonali

Respondents, returnable on 14th September 2023.

7. In addition to the Court notice, Petitioner to serve the

Respondents by private notice and shall file affidavit of service

before the returnable date.

8. Mr. Sawant, learned AGP waives service on behalf of

Respondent Nos.1 and 2.

9. Till next date, no steps be taken pursuant to notice dated

7th August 2023 issued by the Recovery and Sales Officer,

Thane of the Thane District Co-operative Housing Federation

Limited.

10. The above order was dictated at about 2:45 p.m. and as

action was to be taken at 3.00 p.m. and as written order could

not be uploaded before that time, both, Mr. Joshi, learned

counsel appearing for the Petitioner and Mr. Sawant, learned

AGP were requested to inform Mr. Manoj Devre, the Recovery

and Sales Officer, Thane of the Thane District Co-operative

Housing Federation Limited about the said order. It is shocking

that said Mr. Manoj Devre informed both of them that he would

not abide by the oral direction of the High Court and questioned

how High Court could issue such oral direction. In fact, this

501-wp-10539-2023.doc Sonali

order is dictated in open Court and as it would take some time

to prepare the same and upload the same on website of the High

Court, the same was only directed to be communicated to said

Mr. Manoj Devre.

11. Mr. Joshi, learned counsel appearing for the Petitioner

seeks leave to implead said Shri. Manoj Devre, the Recovery

and Sales Officer Thane, The Thane District, Co-operative

Housing Federation Limited. as party Respondent No.6.

Amendment be carried out forthwith. Re-verification is

dispensed with.

12. Issue notice to the newly added Respondent No.6,

returnable on 14th September 2023.

13. The newly added Respondent No.6-Shri. Manoj Devre is

directed to remain present in the Court on 14th September

2023.

14. Stand over to 14th September 2023.

[MADHAV J. JAMDAR, J.]

Signed by: Sonali Patil Designation: PA To Honourable Judge Date: 24/08/2023 19:07:11