Case Note & Summary
The petitioner, Shri Shrirang Gajanan Hole, a member of Respondent No.2 Society (Ujani Mahila Gramin Bigarsheti Sahakari Patsanstha Maryadit), challenged the order dated 27/11/2017 passed by Respondent No.5, the Divisional Joint Registrar, Cooperative Societies, Pune, rejecting his application for interim stay of the auction sale of his property. The petitioner alleged that the society had obtained his signatures on blank loan documents and a mortgage deed dated 06/05/2015, and that the recovery proceedings were initiated without proper notice. The petitioner filed a revision application before the Divisional Joint Registrar, along with an application for interim stay, which was rejected. Aggrieved, the petitioner approached the High Court under Article 227 of the Constitution. The High Court examined the facts and found that the petitioner had not repaid the loan amount and that the auction was conducted after following the procedure under the Maharashtra Cooperative Societies Act, 1960 and Rules. The court held that the petitioner failed to establish a prima facie case or balance of convenience in his favor, and that no irreparable loss would be caused as the auction was a recovery measure. The court also noted that the revision application was pending and the petitioner could raise all grounds therein. Consequently, the High Court dismissed the writ petition, finding no merit in the challenge.
Headnote
A) Cooperative Law - Interim Stay - Prima Facie Case - The petitioner sought interim stay of auction sale of his property initiated by the cooperative society for recovery of loan dues. The Divisional Joint Registrar rejected the stay application. The High Court held that the petitioner failed to make out a prima facie case or demonstrate irreparable loss, as the auction was conducted after following due procedure and the petitioner had not repaid the loan. (Paras 1-10) B) Cooperative Law - Revision - Scope of Interference - The High Court, in its supervisory jurisdiction under Article 227, declined to interfere with the order of the Divisional Joint Registrar, as the order was neither perverse nor without jurisdiction. The revision application was pending and the petitioner could raise all contentions therein. (Paras 11-13)
Issue of Consideration
Whether the Divisional Joint Registrar erred in rejecting the petitioner's application for interim stay of the auction sale proceedings pending revision, and whether the High Court should interfere under Article 227 of the Constitution.
Final Decision
The High Court dismissed the writ petition, holding that the petitioner failed to make out a prima facie case or demonstrate irreparable loss, and that the revision application was pending.
Law Points
- Interim stay
- prima facie case
- balance of convenience
- irreparable loss
- cooperative society recovery
- auction sale
- revision application
- Maharashtra Cooperative Societies Act
- 1960
- Rule 107
