Shri. Rahimtulla Samshuddin Khalif v. Jawahar Nagari Sahakari Pats-Sanstha Maryadit Ajara And ORS.

921.WP.13480.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13480 OF 2017 Rahimtulla Samshuddin Khalif ... Petitioner V/s.

Jawahar Nagari Sahakari Pats-Sanstha & Ors.

... Respondents Mr. Sandeep S. Koregave for the Petitioner.

Mr. Pralhad K. Lad for the Respondents.

CORAM : V.L. ACHLIYA, J.

DATE : 14th FEBRUARY, 2018.

P.C. :

Learned counsel for the Petitioner submits that in view of the decision of the Apex Court in the case of Maharashtra State Co-operative Housing Finance Corporation Ltd. vs. Prabhakar Sitaram Bhadange reported in (2017) 5 SCC page 623, holding that the Co-operative Courts cannot entertain the dispute relating to service matter of employees of Cooperative Societies, the Petitioner has moved application seeking return of plaint/dispute filed u/s.91 of the Maharashtra Co-operative Societies Act for its presentation before an appropriate Court and same has been granted vide order dated 30.01.2018. By the present Petition, the petitioner has Waghmare 1/2

921.WP.13480.17.doc challenged the refusal to grant interim relief claimed in dispute filed u/s.91 of Maharashtra Co-operative Societies Act.

In view of subsequent development, the learned counsel seeks permission to withdraw the Petition with liberty to prosecute the appropriate remedy. Allowed to be withdrawn with liberty as prayed for. Petition stands disposed of as withdrawn.

(V.L. ACHLIYA, J.) Waghmare 2/2