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Bombay High CourtWP/1568/2015allowed to be withdrawn

Mr. Manohar Wamanrao Desale v. The Manager, Loknete Dattaji Patil Sahakari Bank Ltd. And ANR.

2018-03-21Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

6-wp-1568.2015.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1568 OF 2015 Mr. Manohar Wamanrao Desale

...Petitioner

vs.

The Manager, Loknete Dattaji Patil Sahakari Bank Ltd. and anr.

...Respondents

Mr. B.U. Deshmukh for the Petitioner.

Mr.Anilkumar Patil for Respondent nos. 1 and 2. CORAM : SHANTANU KEMKAR & M.S. KARNIK, JJ.

DATE :

MARCH 21, 2018 P.C.:

After arguing for some time, learned counsel for the petitioner seeks leave to withdraw this petition with liberty to the petitioner to approach the Cooperative Court by invoking provisions under Section 91 of the Maharashtra Cooperative Societies Act. Prayer is allowed. The petition is allowed to be withdrawn and disposed of as such.

2.

The learned counsel for the petitioner as also the learned counsel for the respondents on instructions submit that they have no objection if the interim order passed on 21.2.2018 is allowed to continue till the matter is finally decided by the Cooperative Court. In the circumstances, we order to continue the interim order dated 21.2.2018 till the matter is finally decided by the Cooperative Court on its own merits. In case petitioner files the dispute within one nilegaonkar 1/2

6-wp-1568.2015.odt month, the same shall not be dismissed by the Cooperative Court on the ground of limitation and shall be decided on its own merits. All contentions of the parties are kept open. (M.S. KARNIK, J.) (SHANTANU KEMKAR, J.) nilegaonkar 2/2