Bombay High Court
SAMARTH SAHAKARI PATSANSTHA THROUGH ITS LIQUIDATORversusARJUN YAMAJI GAWALI AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The petition is allowed and the order dismissing the revision in default is quashed.
Summary
The liquidator of Samarth Sahakari Patsanstha filed a writ petition challenging an order dated 5 April 2021 by the Additional Commissioner, Nashik Division, which dismissed the society's revision in default. The respondents argued that the petitioner had an alternative remedy of filing a second revision before the State Government and that the petition was premature because no application for restoration had been filed. The Court examined whether a petition could be entertained despite the existence of an alternative remedy and the lack of a restoration application. Finding that the dismissal was in default and no merits were decided, the Court decided to entertain the petition. Consequently, the Court allowed the petition, quashed the order of the Additional Commissioner, and imposed a modest cost on the petitioner.
Issues considered
- Whether a writ petition can be entertained when the original revision was dismissed in default and an alternative remedy is available
- Whether the order dismissing the revision in default can be quashed without a prior application for restoration
Subjects
- writ petition
- revision dismissed in default
- quashing order
- alternative remedy
- restoration application
- cooperative society liquidation
Judgment
2026:BHC-AUG:1474
1 WP / 5471 / 2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1025 WRIT PETITION NO. 5471 OF 2023
SAMARTH SAHAKARI PATSANSTHA THROUGH ITS LIQUIDATOR
VERSUS
ARJUN YAMAJI GAWALI AND OTHERS
...
Advocate for petitioner : Mr. Mohit S. Shah
Advocate for the respondent no. 1 : Mr. U.G. Mitkari
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 13 JANUARY 2026
PER COURT :
Heard learned counsel for the respective parties.
2. By way of present petition, the petitioner assails the order
dated 05.04.2021 passed by learned Additional Commissioner, Nashik
Division, Nashik in RTS Revision No. 5 of 2020 whereby the Revision
filed by the petitioner was dismissed in default.
3. As the matter is dismissed in default, learned counsel for
the resopndents vehemently opposed the petition on the ground that
there is an alternate and equally efficacious remedy of filing second
revision before the State Government. He further objects that the
present petition is filed directly before this Court without filing an
application for restoration before Additional Commissioner.
2 WP / 5471 / 2023
4. Having gone through the submissions advanced by both
the sides, as the matter was dismissed in default and same was not
decided on merits, I am inclined to entertain the present petition.
5. In view of that, the present petiton is allowed.
6. Order dated 05.04.2022 passed by the learned Additional
Commissioner, Nashik Division, Nashik in RTS Revision No. 5 of 2020
is hereby quashed and set aside, subject to payment of costs of
Rs.5,000/- (Rs. Five Thousand), to be deposited in this Court within a
period of two weeks from today. After depositing, the same shall be
transmitted to the Government Cancer Hospital, Chhatrapati
Sambhajinagar.
[ SIDDHESHWAR S. THOMBRE ]
JUDGE
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