Rajkumar Shivbhadur Singh vs Chairman And Secretary And Ors
2024 Latest Caselaw 22681 Bom

Bombay High Court

Rajkumar Shivbhadur Singh vs Chairman And Secretary And Ors on 5 August, 2024

Author: A. S. Chandurkar

Bench: A.S. Chandurkar

2024:BHC-AS:31240-DB



                 Diksha Rane                                               36. WP 4309-24.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                      WRIT PETITION NO.4309 OF 2024

                 RAJKUMAR SHIVBHADUR SINGH                       ..PETITIONER
                               VS.
                 CHAIRMAN AND SECRETARY HIRAL
                 CO-OPERATIVE SOCIETY LTD. & ORS.                ..RESPONDENTS
                                                ------------
                 Mr. Laxman Kalel for petitioner.
                 Mr. V. S. Palande for respondent no.1.
                 Mrs. Reena Salunkhe, AGP for State.
                                                ------------
                                                 CORAM :         A.S. CHANDURKAR &
                                                                 RAJESH S. PATIL, JJ

                                                    DATE     :   5th August 2024.

                 ORAL JUDGMENT : (PER : A. S. CHANDURKAR, J.)

1. Rule. Rule is made returnable forthwith. Heard learned counsel

for the parties.

2. The petitioner seeks restoration of his Revision Application that

was preferred under Section 154 of the Maharashtra Co-operative

Societies Act, 1960 which came to be dismissed for want of

prosecution. Since the petitioner sought further reliefs in the nature

of restoration of his water supply which was disconnected by the first

respondent- Co-operative Housing Society Ltd, the present Writ

Petition was filed.

3. It is seen from the record that the recovery certificate dated

Diksha Rane 36. WP 4309-24.doc

21st December 2018 came to be issued against the petitioner for

failure to pay dues towards maintenance. The amount adjudicated by

the recovery certificate is Rs.1,96,397/-. It is the case of the

petitioner that the entire amount has been duly paid. The dispute is

with regard to the area of the flat occupied by the petitioner. For that

reason by obtaining certified copy of the order dated 7 th July 2022 on

29th January 2024 the rejection of the Revision Application has been

challenged.

4. We have heard learned counsel for the parties and we have

perused the record.

5. It is seen that there was some hearing conducted during the

period of the pandemic. The petitioner remained absent on five

occasions despite notices being issued. For that reason, the

proceedings were dismissed for want of prosecution. We find that

since the petitioner has paid the entire amount of dues as adjudicated

by the recovery certificate, an opportunity to contest the proceedings

on merit deserves to be granted. It is to be noted that by an interim

direction, the petitioner was directed to pay an amount of

Rs.25,000/- to the society for restoration of water supply to his flat.

This order has been complied with. In these facts, the interest of

Diksha Rane 36. WP 4309-24.doc

justice requires that the Revision Application preferred by the

petitioner be restored and the same be decided on merits.

Accordingly, the following order is passed:-

(I) The order dated 7th July 2022 passed in Revision Application

No.71 of 2019 is set aside.

(II) The Revision Application is restored for being adjudicated on

merits.

6. Keeping all contentions open on merits, the Writ Petition is

disposed of in the aforesaid terms with no order as to costs.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]

Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 06/08/2024 18:57:16