Janata Grahak, Central Co-Operative Soc. Through Suryakant Pathak v. The Poona Merchant Chambers Vyapar Bhavan Through President, Shri. Sancheti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION STAMP NO.13325 OF 2015 IN WRIT PETITION NO.4044 OF 2015 Janata Grahak, Central Co-operative Society, Through Suryakant Pathak : Applicant In the matter between The Poona Merchant Chambers Vyapar Bhavan Through President Walchand Sancheti and ors.

: Petitioners versus State of Maharashtra and ors.

: Respondents.

Mr. G S Godbole i/by Shri Drupad S Patil for the Applicant. Mr. A V Anturkar, Senior Advocate i/by Shri Sugandh B Deshmukh for the Petitioners.

Mr. A B Vagyani Government Pleader with Mr. Vishal Thadani AGP for the Respondents/State.

Mr. M L Patil for the Respondent No.4 CORAM :

R. M. SAVANT, J.

DATE :

19th May 2015 P.C.

The above Civil Application has been filed by the Applicant seeking its impleadment in the above Writ Petition or in the alternative to permit the Applicant to intervene in the above Writ Petition. The Applicant is a registered Co-operative Society and its object is

to protect the interest of the consumers. It is the case of the Applicant that the traders involved in the above Writ Petition are not acting in the interest of the consumers. It is also the case of the Applicant that the wholesale market is getting affected. It is the case of the Applicant that the retail traders purchase the products at wholesale rate and sale the same at retail rates and thereby the consumers are not getting any benefits of having market yard within the city of Pune. The Applicant claims to be running Pune Grahak Peth which is a departmental store which is a retail outlet.

It is also the case of the Applicant that carrying out of a retail trade in the market yard has an adverse effect on the consumers and therefore the Applicant has sought its impleadment or in the alternative sought to intervene in the above Writ Petition. The learned Senior Counsel appearing for the Petitioners without accepting the allegations made in the above Civil Application has no objection if the applicant is allowed to intervene in the above Writ Petition. The learned Senior Counsel for the Petitioners was agreeable to proceed on the basis that the above Civil Application is allowed, so as to enable the learned counsel Shri Godbole appearing for the Applicant/Intervenor to make submissions.

This is how the learned counsel Shri Godbole appearing for the Applicant/Intervenor was allowed to make submissions on 7th May 2015 when the learned counsel appearing for the parties were heard.

Since the above Writ Petition and the other companion Writ

Petitions were to be heard finally at the admission stage and considering the fact that the Petitioners have urged urgency in the matters, the Applicant was allowed to intervene in the above Writ Petition. For the reasons stated herein above, the above Civil Application is accordingly allowed to the extent mentioned herein above and disposed of as such. [R.M.SAVANT, J]