Bombay High Court

HIRAJANKI CO-OPRATIVE HOUSING SOCIETY LIMITEDversusRAJESH NANDALAL RATHOD AND ORS.

Decided: 22 June 2026
Disposal: Disposed Off
Bench: SANDEEP V MARNE

Holding

The Court held that it will not interfere with an order that merely remands proceedings for fresh inquiry.

Summary

The Hirajanki Co‑Operative Housing Society filed a writ petition challenging an order dated 26 December 2016 that remanded the proceedings to the Deputy Registrar of Co‑operative Societies for fresh inquiry. The petitioner argued that the outcome of the remanded proceedings was unknown and sought interference. The Court observed that the impugned order merely directed a remand and did not contain any substantive adjudication on the merits. Consequently, the Court held that it has no jurisdiction to interfere with such a procedural remand. The petition was therefore dismissed.

Issues considered

Whether a High Court can interfere with an order that merely remands proceedings to the Deputy Registrar of Co‑operative Societies for fresh inquiry

Subjects

writ petition
remand order
co‑operative societies
jurisdiction
non‑interference

Judgment

Vaishnavi                                                33-WP-3325-2017.docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION
                   WRIT PETITION NO. 3325 OF 2017

Hirajanki Co-Oprative Housing Society
Limited                                                 ...Petitioner

                   V/s.

 Rajesh Nandalal Rathod and Ors.                       ...Respondents
                              _______________

Mr. Milind Parab, for Petitioner
Mr. N.R. Pradhan i/by R.P. Rathod for Respondent No.1
Ms. Vaishali Limbalkar, AGP for Respondent No.2- State
                               ______________

                                CORAM: SANDEEP V. MARNE, J.
                                DATED: 22 JUNE 2026.


P.C.:


1)           The impugned order dated 26 December 2016, merely
remands the proceedings to the of<ce of Deputy Registrar, Co-operative
Societies. The learned counsel appearing for Petitioner submits that he is
not aware about the outcome of remanded proceedings. Since the
impugned order merely remands the proceedings for fresh inquiry by the
Deputy Registrar, this court is not inclined to interfere in the impugned
order. Writ Petition is accordingly rejected.




                                                 [SANDEEP V. MARNE, J.]

                               Page No. 1 of 1
                               22 JUNE 2026

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