Matunga Hindkush Chs Ltd. v. Shivkumar Amarnath Sharma And ORS.

1 14.3019.15 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3019 OF 2015 Matunga Hindkush CHS Ltd.

.....Petitioner V/s.

Shivkumar Amarnath Sharma and others .....Respondents Mr. Vivek Salunkhe a/w Tanaya Goswami i/b Adv. Sudam Kale for the Petitioner Mr. Pradeep J. Thorat for respondent no. 1 Mr. C. D. Mali for respondent Nos. 2 to 4 CORAM :

NITIN W. SAMBRE, J.

DATE :

JUNE 4, 2019.

P.C.

A preliminary objection as to the maintainability of the petition is raised as the impugned order passed under Section 21-A of The Maharashtra Co-operative Societies Act, 1960 is appealable under section 152 of the said Act.

There appears to be substance in the preliminary objection. As

2 14.3019.15 wp.doc such, petition stands disposed of as there is alternate remedy available against the order impugned to the petitioner. In the facts and circumstances of the case, the interim arrangement ordered by this Court shall continue for three months from today. This Court expect the State Government to decide the appeal, if so preferred, within period of six months from the date of presentation of the appeal.

[NITIN W. SAMBRE, J.]