Bombay High Court
VASANTHA RAVINDRANversusSAI APARTMENT CO-OP.HOUSING SOCIETY LTD. and ORS.
- Decided
- Disposal
- Disposed Off
Holding
The petition is dismissed for non‑prosecution and any interim relief is vacated.
Summary
Mrs. Vasantha Ravindran filed a writ petition seeking to quash several orders appointing an administrator to Sai Apartment Co‑op. Housing Society Ltd. The petition listed multiple exhibits and alleged procedural improprieties. No petitioner appeared before the court, and service of notice was incomplete, with some petitioners unserved or reported dead. The court observed that neither the petitioners nor the society’s chairman were interested in contesting the matter. Consequently, the court listed the petition for dismissal and, finding non‑prosecution, dismissed the writ and vacated any interim relief that had been granted.
Issues considered
- Can a writ petition be proceeded with when the petitioner fails to appear and does not prosecute the case?
- Is the court empowered to dismiss a petition for non‑prosecution and vacate interim relief?
Subjects
- writ petition
- cooperative society
- administrator appointment
- non‑prosecution
- dismissal
- interim relief
Judgment
3.as.as.wp.6105.2003.doc
Digitally
signed by
VINA
VINA ARVIND
ARVIND KHADPE
KHADPE Date:
2026.09.09
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
18:40:44
+0530 CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6105 OF 2003
Mrs. Vasantha Ravindran … Petitioner
Versus
Sai Apartment Co-op. Housing
Society Ltd. and ors. … Respondents
***
None for the Petitioner.
Mr. Ajit N. Jakhadi a/w Mr. Amol A. Chile for Respondent No.5.
Mr. A. I. Patel, Addl. GP a/w Ms. V. R. Raje, AGP for Respondent
Nos.2 to 4 & 6 – State.
***
CORAM : M.M. SATHAYE, J.
DATE : 9 SEPTEMBER, 2026
P.C. :
1. On 02.09.2026, the following order was passed :-
“1. This petition is filed seeking following relief.
"a) Rule be issued, record and proceedings of the case be
called for and this Hon'ble Court may be pleased to quash
and set aside the impugned Judgment and Order dated
12.3.2003 passed by the Deputy Registrar, (Respondent
No.2) being Exhibit "E" to this petition as also the
impugned Judgment and Order dated 7.8.2003 passed by
the Divisional Joint Registrar, Cooperative Societies
(Revision and Appeals) Bombay Division, Bombay in
Appeal No. 64 of 2003 being Exhibit "I" to this petition as
also the impugned Judgment and Order dated 6.9.2003
passed by the Hon'ble Secretary (Cooperation and
Marketing) Government of Maharashtra, Mantralaya,
Mumbai in Revision Application No.
RVA-2703/CR521/15-C being Exhibit "O" to this petition."
2. Nobody is appearing for the Petitioners.
Vina Khadpe 1
3.as.as.wp.6105.2003.doc
3. Learned AGP appearing for Respondent Nos. 2, 3, 4 and 6
submits that, in essence, the petition is filed challenging the
order by which Administrator was appointed on the
Respondent No.1 society.
4. It appears that since nobody was appearing for the Petitioners,
Court notice was issued to Petitioner Nos. 1 to 7 and according
to the office note, the Petitioner Nos. 2, 3, 5 and 7 are duly
served and notice upon Petitioner Nos. 1 and 4 are unserved
with bailiff remark 'not found at given address, hence pasted'.
Petitioner No.6 has been reported dead.
5. Learned Counsel for the Respondent No.5 states on
instructions that Petitioner No.1 has left the Respondent
society since 2005.
6. Long time has passed. The Society might have held many
elections during the pendency of petition. To ascertain said
aspect, recently notice was issued to Respondent No.1
(Chairman/Secretary of the society) but the said notice
returned unserved with bailiff remark "the Respondent comes
late in the evening and hence, affix on board'. Nobody is
appearing for Respondent No.1 also.
7. In the circumstances, it appears that none of the Petitioners or
Respondent No.1 society is interested in appearing before the
Court and contesting the matter.
8. Therefore, as a last opportunity, list the petition on
09.09.2026. To be listed for 'Dismissal'.”
2. Today, the matter is listed for dismissal. However, nobody
appears for the Petitioners. It appears that the Petitioners are not
interested in proceeding with the Petition.
3. Writ Petition is accordingly dismissed for non-prosecution.
Interim relief / ad-interim relief, if any, stands vacated.
4. All concerned to act on duly authenticated or digitally signed
QR verifiable copy of this order.
(M.M. SATHAYE, J.)
Vina Khadpe 2
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