Bombay High Court

KOLHAPUR DISTRICT CENTRAL CO OPERATIVE BANK LTD. THR. ITS AUTHORIAED REPRESENTATIVEversusTHE STATE OF MAHARASHTRA THR. PRINCIPAL SECRETARY CO OP. DEPARTMENT AND ORS

Disposal: Disposed Off

Holding

The court held that the Registrar’s dismissal order was vitiated by procedural irregularity and must be recalled.

Summary

The Kolhapur District Central Co‑operative Bank Ltd. filed an interim application seeking recall of the Registrar Judicial‑I’s order dated 6 January 2025, which had dismissed its writ petition for failure to remove office objections within the prescribed time. The court examined whether the dismissal was procedurally valid and whether the bank’s request for recall warranted relief. Finding that the dismissal was tainted by a procedural lapse, the court recalled the order. Consequently, the interim application was allowed and the writ petition was ordered to be listed for admission on 5 October 2026. No substantive merits of the writ petition were decided in this interim order.

Issues considered

Whether the order dismissing the writ petition for non‑removal of office objections can be recalled
Whether procedural irregularity justifies setting aside the Registrar’s dismissal order

Subjects

interim relief
procedural law
office objections
writ petition
order recall
civil appellate jurisdiction

Judgment

2026:BHC-KOL:8252-DB

                                                                           22-IA-1757-2025(C).doc


                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIRCUIT BENCH AT KOLHAPUR
                                      CIVIL APPELLATE JURISDICTION

                                  INTERIM APPLICATION NO. 1757 OF 2025
                                                   IN
                                    WRIT PETITION ST NO. 31234 OF 2024

               Kolhapur District Central Co Operative Bank Ltd.             ...Applicant /
               Through. Its Authorised Representative                       Petitioner
                         Versus
               The State of Maharashtra and Others                          ...Respondents
                                               ——————
               Mr. G. B. Naik, for the Applicant / Petitioner.
               Mr. R.P. Kadam, ‘B’ Panel Counsel for the Respondent-State.
                                               ——————
                                                CORAM :          SHARMILA U. DESHMUKH &
                                                                 NEERAJ P. DHOTE, JJ.

                                                DATE        :    AUGUST 29, 2026.
               P. C. :

               1.        Interim Application has been preferred seeking recall of the order

               dated 6th January, 2025 passed by the Registrar Judicial-I, by which the

               Petition came to be dismissed for non-removal of office objections

               within the stipulated time.

               2.        For the reasons stated in the application, the order dated

               6th January, 2025 is recalled. The Interim Application is allowed.

               3.        List the Petition on 5th October, 2026 under the caption for

               “Admission.”



                [NEERAJ P. DHOTE, J.]                           [SHARMILA U. DESHMUKH, J.]


               Jamadar-SL                          1 of 1

Continue reading with your account

Checking your session…