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2026 DAILYLAW 7979 (BOM)

NIKHIL AVINASH GAVANKAR AND ANR v. THE DIVISIONAL/JOINT REGISTRAR OF CO OPERATIVE SOCIETIES MUMBAI DIVISION AND ORS

WP/11730/2026 · 2026-09-09

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Judgment text

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k 1/2 10 wp 11730.26 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11730 OF 2026 Nikhil Avinash Gavankar & Anr. ....Petitioners V/S The Divisional/Joint Registrar Co-operative Societies Mumbai & Ors. ....Respondents _________ Mr. Nikhil Jayakar a/w Mr. Urushah M.I. i/b Dave & Co. for the Petitioners. Ms. S.A. Prabhune, AGP for Respondent Nos.1 and 2/State. __________ CORAM : SANDEEP V. MARNE, J. DATE : 9 SEPTEMBER 2026. P.C.: 1. The Petition challenges order dated 31 July 2026 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai, setting aside the order dated 26 February 2024 passed by the Deputy Registrar and remanding the proceedings to the Deputy Registrar for fresh adjudication. 2. It appears that when the proceedings were pending before the Deputy Registrar, the Testamentary Petitions were pending before this Court. After rejection of the application by the Deputy Registrar by order dated 26 February 2024, Probates dated 30 September 2025 are apparently granted. The Divisional Joint Registrar has remanded the katkam Page No. 1 of 2 2026:BHC-AS:37452 k 2/2 10 wp 11730.26 as.doc proceedings for fresh adjudication by the Deputy Registrar in view of the issuance of Probates dated 30 September 2025. The Petition is filed with an apprehension that the Deputy Registrar would take a long time for fresh adjudication of proceedings. The apprehension can be quelled by requesting the Deputy Registrar to decide the remanded proceedings in a time-bound manner. 3. Accordingly, it is directed that the Deputy Registrar shall proceed to decide the remanded proceedings as expeditiously as possible, preferably within a period of three months. Petitioners shall appear before the Deputy Registrar along with a copy of this order downloaded from website of this Court on 17 September 2026 and seek further directions for fixation of dates of hearing in the proceedings. Petitioners shall serve private notice on the Society intimating the date before the Deputy Registrar as 17 September 2026. 4. All rights and contentions of the parties are expressly kept open. Writ Petition is accordingly disposed of. (SANDEEP V. MARNE, J.) katkam Page No. 2 of 2 Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 11/09/2026 11:03:03