Bombay High Court
LT COL VIJAY KUMAR GAUTAM (RETD)versusDIVISIONAL JOINT REGISTRAR CO OP HOUSING SOCIETIES MUMBAI DIVISION AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the Divisional Joint Registrar to pronounce his decision in Revision Application No. 416/2025 within six weeks and disposed the writ petition.
Summary
Lt. Col. Vijay Kumar Gautam (Retd.) filed a writ petition seeking vacation of a stay that had been granted ex‑parte in Revision Application No. 416/2025 under Section 154 of the Maharashtra Co‑operative Societies Act, 1960. The stay had been granted by the Divisional Joint Registrar, Cooperative Housing Societies, Mumbai on 04‑06‑2025, and the petitioner wanted the original orders of the Deputy Registrar dated 11‑09‑2025 and 09‑10‑2025 to be restored. The petitioner argued that the Divisional Joint Registrar had not yet pronounced a decision on the revision, causing undue delay. The High Court examined whether the authority was required to decide the revision within a reasonable time and whether the ex‑parte stay could be vacated. Finding the relief sought innocuous and noting that the revision file was marked as closed, the Court directed the Divisional Joint Registrar to pronounce his decision within six weeks. Accordingly, the writ petition was disposed.
Issues considered
- Whether the ex‑parte stay granted in the revision application can be vacated.
- Whether the Divisional Joint Registrar is obligated to pronounce a decision on the revision application within a reasonable period under the Maharashtra Co‑operative Societies Act.
Legislation cited
Subjects
- stay order
- ex‑parte
- revision application
- Maharashtra Co‑operative Societies Act
- procedural delay
- writ petition
Judgment
9-WP-11680-2026.odt
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11680 OF 2026
Lt. Col. Vijay Kumar Gautam (Retd.) ....Petitioner
V/S
Divisional Joint Registrar,
Co-operative Housing Societies, Mumbai & Ors. ....Respondents
Mr.S. Xavier Fernando for the Petitioner.
Mr.Karan S. Thorat, B Panel Counsel for the State.
CORAM : BHARATI DANGRE &
ASHISH S. CHAVAN, JJ
DATE : 9th SEPTEMBER 2026
P.C. :
1 A limited grievance of the Petitioner before us is, though in
Revision Application No. 416/2025 filed by Olympic Towers CHS
Ltd. against the present Petitioner Lt. Col. Vijay Kumar Gautam
and the Deputy Registrar of Co-operative Societies, the Revision
being filed under Section 154 of the Maharashtra Co-operative
Societies Act, 1960 (for short MCS Act) as against the decisions
dated 11/09/2025 and 09/10/2025 passed by the Deputy
Registrar, Cooperative Societies in the matter of the Applicant-
Societies communications addressed to Respondent No.1, the stay
is granted by the Divisional Joint Registrar, Cooperative
Societies, Mumbai on 04/06/2025.
Digitally signed
RAJSHREE by RAJSHREE
KISHOR KISHOR MORE
MORE Date: 2026.09.10
18:04:48 +0530
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9-WP-11680-2026.odt
The Petitioner has preferred an application for vacation of
stay on the ground that the stay was granted ex-parte and he has
sought restoration of the order passed by the Deputy Registrar
on 09/10/2025 and 11/09/2025. The Petitioner sent the
reminder to the Divisional Joint Registrar for hearing on the
Application for grant of stay and on 23/02/2026 on hearing both
the parties on the Revision Application, the case is closed for final
order, with liberty to both the parties to file written statement/
written submissions, within 15 days.
2 The grievance of the Petitioner is, despite the said order
being passed, there is no progress and the Divisional Joint
Registrar has not pronounced his decision.
Therefore, the Petitioner seek a limited relief against
Respondent No.1 to pronounce orders on the Stay Vacation
Application.
3 Considering the reliefs that are prayed, we find it to be
innocuous and since we have noted that the order sheet
maintained by the Divisional Joint Registrar, Mumbai in respect
of Revision Application No.416/2025 indicate that the matter
was closed, we direct the Authority i.e. the Divisional Joint
Registrar, Cooperative Housing Societies to pronounce his
decision in Revision Application No.416/2025 within a period of
6 weeks from today.
Let the learned APP communicate this order to the
Divisional Joint Registrar.
With the aforesaid direction, Writ Petition stand disposed of.
[ASHISH S. CHAVAN, J.] [BHARATI DANGRE, J.]
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