Kumar Krishna D. Pathak v. Cuffe Castle Chsl. And ORS.

WP. 5727-17 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Writ Petition No. 5727 of 2017 Kumar Krishna D. Pathak ...

Petitioner

Versus

Cuffe Castle Co-Op. Housing Society Ltd. And Ors.

...

Respondents *** The Petitioner in person - present.

None for the Respondents.

*** CORAM : B. R. GAVAI, & RIYAZ I. CHAGLA, JJ.

DATE : JULY 20, 2017 PC.

1.

It appears that the dispute is between the Petitioner on one hand, and the Respondent co-operative Society on the other hand. The Petitioner has already invoked jurisdiction of the Co-operative Court under Section 91 of the Maharashtra Cooperative Societies Act. 2.

We find that in a dispute which is purely between a member of the Cooperative Society on one hand and the Cooperative Society on the other hand, Cooperative Court is a competent forum to 1 / 2

WP. 5727-17 decide the said dispute. Even otherwise, the Petitioner having elected to pursue the remedy under Section 91 of the said Act, in our view, he is not entitled to again invoke jurisdiction of this Court under Article 226 of the Constitution of India for the very same relief. Writ petition is therefore rejected, relegating the Petitioner to take recourse to the alternate remedy which is available for him in law. Sd/- Sd/- [RIYAZ I. CHAGLA, J.] [B. R. GAVAI, J.] Vinayak Halemath 2 / 2