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2026 DAILYLAW 5296 (BOM)

PARESH J PATEL v. DISTRICT DEPUTY REGISTRAR CO-OP SOCIETIES EASTERN SUBURBS AND ORS

WP/7091/2026 · 2026-08-29

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Judgment text

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Neeta Sawant 21-WP-7091-2026.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7091 OF 2026 Paresh J. Patel ..Petitioner … : Versus : District Deputy Registrar, Co-operative Societies (2) & Ors. .Respondents … Mr. Prashant Kulkarni with Ms. Ritika Rajeev i.b. Ms. Rachna Mamnani, for the Petitioner. Ms. Anjali Purav, AGP for State. Mr. Sanjay A. Shah, Secretary of Respondent No.3-Society present in person. CORAM : SANDEEP V. MARNE, J. DATED : 29 AUGUST 2026. P.C : 1) The Petition challenges order dated 26 June 2025 passed by the District Deputy Registrar, Co-operative Societies-II, Eastern Suburbs, Mumbai dismissing Revision Application No. 298 of 2025. 2) I have heard Mr. Kulkarni, the learned counsel appearing for the Petitioner. Mr. Shah, Secretary of the Respondent-Society is personally present before the Court and submits that the society does not want to engage an advocate. He tenders Affidavit-in-Reply on behalf of the society. ___________________________________________________________________________________ PAGE NOS. 1 of 2 Saturday, 29 August 2026 Neeta Sawant 21-WP-7091-2026.docx 3) Perusal of the order passed by the District Deputy Registrar would indicate that he has refused to go into the merits of the Revision only on the ground that 100 demanded amount is already paid by the Petitioner. The % District Deputy Registrar has recoded a finding that deposit of entire amount signifies acceptance of liability by the Petitioner. However, in the memo of Revision Application, the Petitioner had clearly stated that he had deposited 100 % plus amount of Rs.18,36,819 - under protest and without prejudice to / his rights and contentions. Therefore, the conclusion drawn by the District Deputy Registrar that there is acceptance of liability on the part of the Petitioner is incorrect. 4) In my view therefore, the Revision Application preferred by the Petitioner deserves to be adjudicated on merits. For that purpose, the order dated 26 June 2025 deserves to be set aside and proceedings deserve to be remanded for adjudication on merits before the District Deputy Registrar. I accordingly proceed to pass the following order : (i)Order dated 26 June 2025 passed by the District Deputy Registrar is set aside. (ii)Revision Application No.298 2025 is restored on the file of the / District Deputy Registrar who shall proceed to adjudicate the same on merits. 5) All rights and contentions of the parties are expressly kept open. With the above directions, the Writ Petition is partly allowed and disposed of. [SANDEEP V. MARNE, J.] ___________________________________________________________________________________ PAGE NOS. 2 of 2 Saturday, 29 August 2026 NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2026.08.31 14:51:36 +0530