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Bombay High CourtWP/5244/2017disposed off

Mahendra Bhaskarrao Sonawane v. The Nashik District Industrial And Mercantile Co-Operative Bank Ltd. And ORS.

2017-05-02Hon'Ble Shri Justice A.M. Badar,Hon'Ble Shri Justice Shantanu S. Kemkar2 pages

(516)WPNo.52442017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITIION NO.5244 OF 2017 Mahendra Bhaskarrao Sonawane ...

Petitioner V/s.

The Nashik District Industrial and Mercantile Co-operative Bank Ltd. & Ors.

...

Respondents .....

Mr.Ketan Joshi i/b. ERGO Juris, Advocate for the Petitioner. Mr.S.R.Nagolkar with Mr.Lendel Coutinho, Advocate for the Respondent No.1.

Mr.B.Samant, AGP for Respondent Nos.2 and 3.

....

CORAM :

SHANTANU S. KEMKAR & A. M. BADAR JJ.

DATED :

2nd May 2017 P.C.

Not on board. Taken on Production Board.

Parties through their counsel.

The preliminary objection has been raised by the learned counsel appearing for the respondent No.1 i.e. against the granting of amendment and impugned resolution, the petitioner has alternative and efficacious remedy of appeal. He further submits that the decision impugned in this petition is taken on the basis of RBI recommendation.

Gaikwad RD 1/2

(516)WPNo.52442017 Be that as it may. Since the alternative and efficacious remedy is available, we dispose of this petition with liberty to petitioner to exhaust the alternative and efficacious remedy of appeal against the amendment to the bye-laws as also the impugned resolution.

The petition is disposed of accordingly.

(A. M. BADAR J.) (SHANTANU S. KEMKAR J.) Gaikwad RD 2/2