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Bombay High CourtPIL/87/2015disposed off

Rajendra Purushottam Phanse And ORS. v. The State Of Maharashtra Through The Chief Secretary, General Admn. Dept. And ORS.

2016-08-24Hon'Ble Smt. Justice Swapna S. Joshi,Hon'Ble Shri Justice V.M. Kanade2 pages

15) PIL87-15 sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.87 OF 2015 Rajendra Purshottam Phanse and Ors.

..Petitioners.

V/s.

State of Maharashtra and Ors.

..Respondents.

Mr.Rajendra Purshottam Phanse and Mr.Shashikumar Nair - petitioners in person.

Ms.Aparna Vhatkar, AGP for respondent Nos.1 to 3. Mr.Venkatesh Dhond, Senior Advocate with Mr.Mihir Mody, Ashraf Patel i/b. K. Ashar and Co. for respondent Nos.4 and 5. Mr.H.V. Mehta with Mr.VijayKillekedar for respondent No.7. CORAM : V.M.KANADE AND MRS.SWAPNA JOSHI, JJ.

DATED : 24TH AUGUST, 2016 P.C. :- 1.

Heard the petitioner appearing in person and Mr.Dhond, learned senior counsel appearing for the RBI. A preliminary objection is raised by Mr.Dhond regarding the maintainability of this petition as a PIL. It is submitted that the petitioner is a member of the CKP Co-op. Bank. He is a shareholder of the CKP Co-op. Bank. He also submitted that 1/2

15) PIL87-15 he is the Director of the erstwhile board and as such, he has no right to file the PIL when he has some interest in the affairs of the CKP Co-op. Bank.

2.

The petitioner is appearing in person and he has stated that he is not member of the board but he has filed this PIL as a shareholder.

3.

In our view, the petitioner has a definite interest in the affairs of the bank and is a shareholder and as such, this petition cannot be maintained as a PIL. Reserving the right of the petitioners to approach competent authority for redressal of their grievance, this PIL is disposed of.

(MRS.SWAPNA JOSHI, J.) (V.M.KANADE, J.) 2/2