Shree Dental Specialty Hospital Thr Its Partners v. State Of Maharashtra Thr Dept. Of Co Op And Textiles And ORS

1/2 501-502 WP-1563-22+1.doc SALGAONKAR M M Date: 2022.02.21 21:44:43 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SALGAONKAR M M CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1563 OF 2022 WITH WRIT PETITION NO.1581 OF 2022 Shree Dental Specialty Hospital through its partners ..

Petitioner

Versus

State of Maharashtra through Dept.

of Co-Op. & Textiles & Ors.

..

Respondents ...

Mr.Vishal Chandrakant Ghosalkar for the Petitioner. Ms.V.S.Nimbalkar, AGP for the State/Respondent. Mr.Kunal Bhanage with Mr.Yash Joglekar for the Respondent Nos.4 and 5.

...

CORAM: RAVINDRA V. GHUGE, J.

DATED : 18th FEBRUARY, 2022 P.C:- 1.

The petitioner has approached this Court directly against Section 101 certifcate contending that the proceedings under Section 101 of the Maharashtra Co-Operative Societies Act, 1960 were conducted in the absence of the petitioner. The statutory remedy under Section 154 read with sub-section 2(A) has not been availed of.

M.M.Salgaonkar

2/2 501-502 WP-1563-22+1.doc 2.

The bank has fled a short affdavit dated 10/02/2022. The petitioner has fled a rejoinder affdavit dated 17/02/2022. 3.

At this juncture, the learned Advocate for the petitioner submits, on instructions, that the petitioner would withdraw these petitions and would approach the statutory authority under Section 154 read with sub-section 2(A) of the Maharashtra Co-Operative Societies Act, 1960. 4.

In view of the above, these petitions are disposed off, as withdrawn. The petitioner is at liberty to avail of a remedy, as is permissible in law.

( RAVINDRA V. GHUGE, J.) M.M.Salgaonkar