Shri Mahalaxmi Nagari Seva Sahakari Sanstha Ltd. v. Mr. Vitthal Laxman Gadge And ORS.

A.S.Nalawade 908-WP-6301-16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6301 OF 2016 WITH WRIT PETITION NO.8828 OF 2016 WITH WRIT PETITION NO.8850 OF 2016 Mr. Mahalaxmi Nagari Seva Sahakari Sanstha Ltd.

...Petitioner.

vs.

Vittal Laxman Gadge and ors.

...Respondents.

Mr. S.M.Oka i/by Sagar Joshi for the Petitioner. Mr. A.R.Metkari, AGP for Respondent No.3.

CORAM : C.V. BHADANG, J.

DATED : 19TH DECEMBER, 2019 PC:

1.

Heard for some time.

2.

Learned counsel for the petitioner on instructions seeks leave to withdraw the petition as the petitioner intends to avail of remedy under Section 154 of the Maharashtra Co-operative Societies Act, 1960 ("Act" for short) before the State Government. Learned counsel for the petitioner states that till then the petitioner may be protected for eight weeks.

2.

In such circumstances, petition is disposed of as withdrawn with no order as to costs. If the petitioner avails of such remedy within a period of six weeks from today along with 1/2

A.S.Nalawade 908-WP-6301-16.doc application for condonation of delay the authority shall have due regard to Section 5 read with Section 14 of the Limitation Act, in as much as, the present petition was pending from 22.3.2016 till today. 3.

Ad interim relief already operating shall continue to operate for a period of eight weeks from today. 4.

Rival contentions of the parties are kept open. Needless to mention that the matter being old, the revisional authority shall decide the revision application if fled, as early as possible and preferably within a period of three months of fling thereof. (C.V. BHADANG, J.) 2/2