Reg: 101 maintenance case filed by society

Bhupendra Kumar (Querist) 24 August 2016 This query is : Resolved
Sir or Madam

My parents have been fighting a case against the society since last 20 year. The case is currently in High court and has been pending for final hearing from last 5 years.

High court has ordered the Society to submit a fresh account with regards to maintenance and other dues as per the By-laws. But Society has failed to do so in spite of several reminders for last 5 years and just want to drag the case purposely.

My parents can no longer fight this case due to old age and now I want to know what are my legal option available. Can I file a criminal or contempt of High Court Order case in order to expedite proceeding.

Below is the judgement of High Court as I am unable to attach the file.

I would greatly appreciate your feedback on the further course of action against Society.

Thanks
Bhupendra Kumar
bkkumar9638@gmailcom

Bombay High Court
ash 1 wp-6880.10
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6880 OF 2010
Office Notes, Office
memorandum of Coram,
appearances, Court’s Court’s or
orders or directions & Judge’s orders.
Registrar’s orders.
Shri Amol D. Joshi for the Petitioner.
CORAM
: A.S.OKA, J.
DATE : 4TH OCTOBER, 2011
P.C.:

There was a recovery certificate issued under
Section 101 of the Maharashtra Cooperative
Societies
Act, 1960 in favour of the Petitioner against the first
Respondent for recovery of certain amount. By the
impugned judgment and order passed by the Revisional
Authority, the recovery certificate has been set aside.
Instead of ordering restitution of the amount recovered
under the recovery certificate by the impugned order, the
Divisional Joint Registrar has permitted the Petitioner to
adjust the amount received by the Petitioner towards the
amount payable by the first Respondent to the Petitioner
Society.
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Bombay High Court
ash 2 wp-6880.10
2. The Petition has been admitted for final hearing.
Prayer for staying the clause (3) of the operative part of
the impugned judgment and order cannot be granted for
the simple reason that after setting aside the recovery
certificate, instead of ordering the restitution, the
Petitioner has been granted facility of adjusting the
amount received by the Petitioner Society under the
recovery certificate towards the other dues payable by
the first Respondent. It is obvious that the adjustment
will be subject to final outcome of the Petition.
3. Subject to what is observed above, no case is made
out for grant of interim relief. Adinterim
relief stands
vacated.

(A.S.OKA, J)

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