Bombay High Court

NIKHIL AVINASH GAVANKAR AND ANRversusTHE DIVISIONAL/JOINT REGISTRAR OF CO OPERATIVE SOCIETIES MUMBAI DIVISION AND ORS

Decided: 9 September 2026
Disposal: Dismissed

Holding

The Deputy Registrar shall decide the remanded proceedings within three months, and the writ petition is disposed of.

Summary

The petitioners challenged the order of the Divisional Joint Registrar, Co-operative Societies, Mumbai, which set aside a prior order of the Deputy Registrar and remanded the proceedings for fresh adjudication after probate orders were granted. The petitioners feared undue delay in the fresh adjudication and sought a direction for a time‑bound decision. The High Court, after considering the petition, directed that the Deputy Registrar decide the remanded proceedings as expeditiously as possible, preferably within three months, and instructed the petitioners to appear before the Deputy Registrar with a copy of the order. The petitioners were also directed to serve a private notice on the society. All rights and contentions of the parties were kept open, and the writ petition was disposed of. The order effectively ensures a prompt resolution of the remanded cooperative society matter.

Issues considered

Whether the order of the Divisional Joint Registrar remanding the proceedings for fresh adjudication can be challenged by a writ petition
Whether the court can direct a time‑bound adjudication by the Deputy Registrar to prevent undue delay

Subjects

writ petition
remand
co-operative societies
probate
expeditious adjudication
deputy registrar

Judgment

2026:BHC-AS:37452
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                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                WRIT PETITION NO.11730 OF 2026

             Nikhil Avinash Gavankar & Anr.                            ....Petitioners
                   V/S
             The Divisional/Joint Registrar
             Co-operative Societies Mumbai & Ors.                      ....Respondents
                                            _________

             Mr. Nikhil Jayakar a/w Mr. Urushah M.I. i/b Dave & Co.                         for the
             Petitioners.
             Ms. S.A. Prabhune, AGP for Respondent Nos.1 and 2/State.
                                          __________


                                       CORAM : SANDEEP V. MARNE, J.
                                       DATE : 9 SEPTEMBER 2026.

             P.C.:



             1.       The Petition challenges order dated 31 July 2026 passed by the
             Divisional Joint Registrar, Co-operative Societies, Mumbai Division,
             Mumbai, setting aside the order dated 26 February 2024 passed by the
             Deputy Registrar and remanding the proceedings to the Deputy Registrar
             for fresh adjudication.


             2.       It appears that when the proceedings were pending before the
             Deputy Registrar, the Testamentary Petitions were pending before this
             Court. After rejection of the application by the Deputy Registrar by order
             dated 26 February 2024, Probates dated 30 September 2025 are
             apparently granted. The Divisional Joint Registrar has remanded the
             katkam                               Page No. 1 of 2
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                         proceedings for fresh adjudication by the Deputy Registrar in view of the
                         issuance of Probates dated 30 September 2025. The Petition is filed with
                         an apprehension that the Deputy Registrar would take a long time for
                         fresh adjudication of proceedings. The apprehension can be quelled by
                         requesting the Deputy Registrar to decide the remanded proceedings in a
                         time-bound manner.


                         3.       Accordingly, it is directed that the Deputy Registrar shall proceed
                         to decide the remanded proceedings as expeditiously as possible,
                         preferably within a period of three months. Petitioners shall appear
                         before the Deputy Registrar along with a copy of this order downloaded
                         from website of this Court on 17 September 2026 and seek further
                         directions for fixation of dates of hearing in the proceedings. Petitioners
                         shall serve private notice on the Society intimating the date before the
                         Deputy Registrar as 17 September 2026.


                         4.       All rights and contentions of the parties are expressly kept open.
                         Writ Petition is accordingly disposed of.


                                                                                  (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                  Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 11/09/2026 11:03:03

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