Bombay High Court
SANJAY PANDURANG KALATEversusTHE DIVISIONAL JOINT REGISTRAR CO OP. CREDIT SOC. PUNE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The petition is permitted to be withdrawn and the petitioner is granted liberty to file the appeal, with the time spent in the present proceedings excluded from the limitation period.
Summary
The petitioner, Sanjay Pandurang Kalate, sought the Court's permission to withdraw his writ petition and obtain liberty to file an appeal against an order passed under Section 88 of the Maharashtra Co-operative Societies Act, 1960 before the State Government. The Court considered whether such withdrawal with a liberty to appeal could be granted and whether the period spent prosecuting the appeal before the Divisional Joint Registrar and the petition before the Court should be excluded from the limitation period for filing the appeal. Relying on procedural principles, the Court allowed the petition to be withdrawn and expressly granted liberty to file the appeal, directing that the time spent on the present proceedings be excluded when computing the limitation period. Consequently, the petition was disposed of, and the petitioner may now pursue the appeal without the time spent here affecting the limitation deadline.
Issues considered
- Whether the petitioner may be permitted to withdraw the writ petition with liberty to file an appeal against the order under Section 88 of the Maharashtra Co-operative Societies Act, 1960.
- Whether the period spent prosecuting the appeal before the Divisional Joint Registrar and the petition before this Court should be excluded for the purpose of computing the limitation period for filing the appeal before the State Government.
Legislation cited
Subjects
- withdrawal of petition
- appeal
- limitation period
- Section 88
- Maharashtra Co-operative Societies Act
- civil appellate jurisdiction
Judgment
Renuka Thakur 16-WP-12949-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12949 OF 2026
Sanjay Pandurang Kalate ...Petitioner
V/s.
The Divisional Joint Registrar Co Op. ...Respondents
Credit Soc. Pune and Ors
________________
Mr. Sandeep S. Salunkhe for Petitioner.
Mr. A. C. Bhadang AGP for Respondent-State.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 5 OCTOBER 2026.
P.C.:
1) Mr. Salunkhe, the learned counsel appearing for the
Petitioner, on instructions, seeks leave of Court to withdraw the Petition
with liberty to file Appeal against the order made under Section 88 of the
Maharashtra Co-operative Societies Act, 1960 before the State
Government.
2) Reserving the liberty so prayed for, the Petition is permitted
to be withdrawn and disposed of. Time spent in prosecuting the remedy
of Appeal before Divisional Joint Registrar and Petition before this Court
shall be excluded while computing the period of limitation in filing
Appeal before the State Government.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.1 of 1
Designation: PA To Honourable Judge 5 OCTOBER 2026
Date: 06/10/2026 10:48:47
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