Chandrashekhar Balasaheb Shete v. Arun Sitaram Chambhare And Others

16. ia 659.21.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2022.02.17 17:25:56 +0530 URMILA PRAMOD INGALE INTERIM APPLICATION NO. 659 OF 2021 IN WRIT PETITION ST. NO. 26223 OF 2019 Mr. Chandrashekhar Balasaheb Shete .. Applicant VS.

Mr. Arun Sitaram Chambhare and others.

.. Respondents.

------------ Mr. Chetan G. Patil i/b Mr. V.H.Narvekar in IA/659/2021 & for petitioner in WPST/26223/2019.

Mr. Samit Kothari, for Respondent No.1.

Mr. Aadesh Patil i/b Mr. M.B. Patil, for Respondent No.3. ------------ CORAM : M. S. KARNIK, J.

DATE : FEBRUARY 17, 2022 P.C. :

1.

Heard learned Counsel for the applicant. I find that there is no error apparent on the face of the record to warrant exercise of review jurisdiction for review of the order dated 16/02/2021. It is the contention of the review petitioner that in the light of the decisions rendered by the courts below, the issue of disqualification of the membership of respondent no. 1 is foreclosed. This contention of learned Counsel is unfounded. In the order of which review is sought, it is specifically mentioned that

16. ia 659.21.doc questions raised in the petition are rendered academic and the same are kept open to be decided in appropriate proceedings.

2.

So far as the disqualification of the committee and its members is concerned, the procedure to be followed has been prescribed under Rule 58 of the Maharashtra Cooperative Societies Rules, 1961. 3.

In this view of the matter, it is open for the review petitioner to resort to appropriate remedy and observations made by the courts below will not influence the proceedings for disqualification if resorted to by the review petitioner. 4.

The interim application is disposed of.

(M. S. KARNIK, J.)