M/S. Galaxy Tyres And Motors Through Its Partner And ANR. v. The Sahebrao Deshmukh Co-Op. Bank Ltd. And ORS.

(14)WPNo.44872019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4487 OF 2019 M/s.Galaxy Tyres and Motors & Anr.

...

Petitioners V/s.

The Sahebrao Deshmukh Co-op.

Bank Ltd. & Ors.

...

Respondents .....

Ms.Snehal S. Kundalkar h/f. Mr.Dinesh Bhosale, Advocate for the Petitioner.

Mr.V.C.Ghosal, Advocate for the Respondent No.1. Mrs.S.S.Bhende, AGP for the Respondent Nos.2 to 4/State. ....

CORAM : INDRAJIT MAHANTY & A.M.BADAR JJ.

DATED : 2nd MAY 2019.

P.C. :

Heard the learned Counsel for the respective parties In the present writ petition, the prayer has been made by the petitioner is in essence seeking enforcement of the Order dated 28th February 2019 passed to comply with the directions to be issued to the respondent No.1 Bank issued by the Commissioner for Co-operation, Pune.

Gaikwad RD 1/2

(14)WPNo.44872019.doc Admittedly, the said Order passed by the Commissioner for Co-operation, Pune is subject matter of challenge before this Court in Writ Petition No.3144 of 2019. The said matter is under adjudication before the Honourable Single Judge.

Considering the above, we are of the considered view that the present writ petition is pre-mature as long as the said writ petition is pending before the Honourable Single Bench. Accordingly, the petitioner is permitted to withdraw the present writ petition with liberty to seek appropriate relief, if such circumstances arises in future.

Accordingly, the present writ petition is disposed of with liberty as prayed for.

(A.M.BADAR, J.) (INDRAJIT MAHANTY, J.) Gaikwad RD 2/2