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Bombay High Court

HITESH PIPALIA AND ORSversusTHE DIVISIONAL JOINT REGISTRAR, CO-OPERATIVE SOCIETIES, MUMBAI DIVISION, MUMBAI AND ORS

Decided
Disposal
Disposed Off

Holding

The High Court declined to entertain the writ petition and ordered that the revision application be heard expeditiously.

Summary

The petitioners Hitesh Pipalia and others filed a writ petition challenging an order dated 1 September 2026, which granted a stay to an earlier order dated 20 August 2026 issued by the Assistant Registrar under Section 76(2) of the Maharashtra Co-operative Societies Act, 1960. The Division Joint Registrar had scheduled a revision hearing for 10 September 2026. The High Court observed that the revision itself should be heard expeditiously and therefore declined to entertain the present petition. The Court directed that all parties make a common representation before the Divisional Joint Registrar to ensure a swift hearing of the revision. Consequently, the writ petition was disposed of without prejudice to the parties' rights and contentions.

Issues considered

  • Whether the High Court should entertain a writ petition challenging the stay order passed by the Divisional Joint Registrar under Section 76(2) of the Maharashtra Co-operative Societies Act, 1960.

Legislation cited

Subjects

  • Co-operative Societies Act
  • stay order
  • revision hearing
  • writ petition
  • expeditious hearing

Judgment

2026:BHC-AS:36817

              Megha                                                 904_wp_11960_2026


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 CIVIL APPELLATE JURISDICTION
                                WRIT PETITION NO.11960 OF 2026

              Hitesh Pipalia and Ors.                             ...Petitioners

                               V/s.

              The Divisional Joint Registrar, Co-
              operative Societies, Mumbai Division,
              Mumbai and Ors.                                     ...Respondents
                                           ________________
              Mr. Amrut Joshi with Mr. Radhikar and Mr. Harshavardhan i/b. Mr.
              Chetan Alia for the Petitioners.
              Dr. Sanjay Jain with Ms. Uma Kshirsagar-Wagle i/b. Ms. Uma Kshirsagar-
              Wagle for Respondent No.4.
              Ms. Kavita N. Solunke, Addl. GP with Mr. Y.D. Patil, AGP for Respondent-
              State.
                                           ________________


                                                       CORAM: SANDEEP V. MARNE, J.

                                                        DATED: 8 SEPTEMBER 2026.


              P.C.:


              1)      Petition challenges order dated 1 September 2026 passed by the
              Divisional Joint Registrar, Co-operative Societies, Mumbai Division,
              (Divisional Joint Registrar) Mumbai, granting stay to the order dated 20
              August 2026 passed by the Assistant Registrar, Co-operative Societies, F-
              N Ward, Mumbai, under Section 76(2) of the Maharashtra Co-operative
              Societies Act, 1960 (MCS Act).


                                                 Page No.1 of 2
                                               8 September 2026
                          Megha                                                     904_wp_11960_2026




                          2)          It is reported that the Divisional Joint Registrar has fixed the
                          revision for hearing on 10 September 2026. In that view of the matter I
                          am not inclined to entertain the present Petition. It is appropriate that
                          the revision itself is taken up for hearing in an expeditious manner.


                          3)          Mr. Joshi, the learned counsel appearing for the Petitioners, on
                          instructions, makes a statement that all the caveators and the
                          Respondents before the Divisional Joint Registrar shall make a common
                          representation before the Divisional Joint Registrar with a view to ensure
                          expeditious hearing of the revision application.


                          4)          The Divisional Joint Registrar shall make an endeavour to decide
                          the revision as expeditiously as possible. All rights and contentions of
                          the parties are expressly kept open. Writ Petition is disposed of.




                                                                                [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                               Page No.2 of 2
Designation: PA To Honourable Judge                          8 September 2026
Date: 08/09/2026 15:17:56


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