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2023 DAILYLAW 3213 (BOM)

LT. COL. VIJAY KUMAR GAUTAM v. OLYMPIC TOWER CO OP HSG. SOC LTD. AND ORS

WP/9374/2023 · 2026-09-10

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

5-wp.9374.2023.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9374 OF 2023 Lt. Col Vijay Kumar Gautam (retd) ...Petitioner Versus Olympic Tower Co-op. Housing Society Ltd. and Ors. ...Respondents Mr. Soosainavis Xavier Fernando for the Petitioner. Ms. Bhavyaa Thakur for the Respondent Nos.1 and 2 (through video- conferencing). Mr. Karan S. Thorat, ‘B’ Panel Counsel with Mr. S. L. Babar, A.G.P. for the Respondent Nos.3 to 5-State. CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 10th SEPTEMBER 2026 P.C. : 1. The petition seeks a relief of expeditious disposal of the disputes filed by the petitioner and pending before the Co-operative Court, Mumbai. The petitioner has some grievance with regard to his membership in Olympic Tower Co-op. Housing Society Limited and has furnished a list of the disputes filed by him. A perusal of the said list at Exhibit “F”, at page 72, makes reference to 13 disputes filed in the years 2019, 2020, 2021, 2022 and 2023. N. S. Chitnis 1/2 NISHA SANDEEP CHITNIS Digitally signed by NISHA SANDEEP CHITNIS Date: 2026.09.16 14:06:46 +0530 5-wp.9374.2023.doc We are really unaware as to what reliefs are sought in the said disputes and at what stage the proceedings are pending before the Co-operative Court. In the circumstances, we do not deem it appropriate to issue any mandamus to the Co-operative Court to decide the said disputes in a time-bound manner, as prayed for by the petitioner, within a period of three months. Nonetheless, we must observe that once a dispute is filed before the Co-operative Court, it is under an obligation to decide the same expeditiously, unless there are legal impediments to its final disposal. With the aforesaid observations, we dismiss the writ petition. ASHISH S. CHAVAN, J. BHARATI DANGRE, J. N. S. Chitnis 2/2