Ramdas Tukaram Thorat vs Divisional Joint Registrar, ...
2026 Latest Caselaw 5009 Bom

Bombay High Court

Ramdas Tukaram Thorat vs Divisional Joint Registrar, ... on 13 May, 2026

                                                       Digitally signed
                                                       by PALLAVI
                                                       MAHENDRA
                                            PALLAVI    WARGAONKAR
                                            MAHENDRA
                                            WARGAONKAR Date:
                                                       2026.05.13
                                                       20:54:50
                                                       +0530                                              11-WP-6520-2026.doc



                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION

                                              WRIT PETITION NO.6520 of 2026

                   Ramdas Tukaram Thorat                                               ...Petitioner.

                           Versus

                   Divisional Joint Registrar,
                   Cooperative Societies, Pune
                   Division, Pune and Ors.                                             ...Respondents

                                                 __________
                   Mr Tuushar N Sonawane for the Petitioner.
                   Mr PP Kakade, Additional GP a/w AGP Mamta S Srivastava for Respondent
                   Nos. 1, 4 and 7.
                                                                          __________

                                                              CORAM : ADVAIT M. SETHNA &
                                                                      SANDESH D. PATIL, JJ.

                                                              DATE          :   13 MAY 2026
                                                                                (VACATION COURT)

                   P.C.:

1. Heard the learned Counsel for the parties. Issue notice. Ms Mamta

Srivastava, the learned AGP, waives service on behalf of Respondent Nos.1, 4 and

2. Mr Tuushar Sonawane, the learned Counsel for the Petitioner has pressed

for urgent relief in view of the fact that Notice dated 10.04.2026 has been issued

by Respondent No.5, Special Recovery Officer, Pune District Nagar Sahkari

Patsanstha Fedration Ltd, Pune. By the said Notice, it appears that, possession is

likely to take place on 14.05.2026 at 11:00 a.m. as stated in the said Notice. The

learned Counsel stated that the Petitioner has filed the proceedings u/s 154 of the

11-WP-6520-2026.doc

Maharashtra Cooperative Societies Act, 1960 ("MCS Act" for short) before

Respondent No.1 which are pending.

3. Mr. Sonawane would submit that the Petitioner is permitted to file an

exemption application before the said Authority, for exemption of mandatory

principal deposit amount to entertain the statutory appeal, under the MCS Act.

4. Considering the peculiar facts and circumstances, we direct Respondent

No.1 to decide such Application on priority basis and expeditiously on its own

merits and in accordance with the law.

5. Additionally, the learned Counsel is permitted to file an Application for

urgent reliefs/directions stating the urgency, considering that the possession of the

subject property is to take place on 14.05.2026, pursuant to the Notice dated

10.04.2026 (supra).

6. Such Application shall be considered by the said Authority - Respondent

No.1 expeditiously i.e. on 14.05.2026, considering the fact that possession is

slated to take place on 14.05.2026.

7. Let such Application be filed by 14.05.2026 before the said Authority who

is requested to pass appropriate orders, upon filing of the same, on its own merits

and in accordance with law.

8. Let the Petition be listed in due course.

                   [SANDESH D. PATIL, J]                                [ADVAIT M. SETHNA, J.]