The Eden Bungalows Cooperative Housing Society Ltd. And ANR v. The State Of Maharashtra And ORS

CRP 1 923-WP-9319-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9319 OF 2018 WITH WRIT PETITION NO. 9320 OF 2018 The Eden Bungalows Co-operative Housing Societies Ltd. & Anr.

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Petitioners V/s.

The State of Maharashtra & Ors.

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Respondents Mr. Ranjeev Carvalho a/w. Ms. Subhasre Chatterjee, I/by M/s. Manilal Kher Ambalai & Co. for the Petitioner. Ms. V. S. Nimbalkar, AGP, for the Respondent No.1 to 3 -State. Mr. Chetan Dambre, for the Respondents No.4 to 6. CORAM : A. S. GADKARI, J.

DATE : 19th JUNE, 2019.

P.C.:- 1] The learned counsel appearing for the respondent Nos.4 to 6 raised a preliminary objection that under Section 152 of the Maharashtra Co-operative Societies Act, 1960 a substantive appeal is maintainable and without availing the said alternate remedy the present petition is filed.

2] Facing with the said difficulty, the learned counsel for the petitioner, on instructions, seeks leave to withdraw the present 1/2

CRP 2 923-WP-9319-2018.doc petitions with liberty to file an appeal to challenge the order dated 31/05/2018 passed under section 79(2)(B) of the Maharashtra Cooperative Societies Act, 1960. Leave and liberty granted.

3] Both the Petitions are disposed off as withdrawn. 4] The ad-interim relief, granted by Order dated 27/06/2018 by this Court shall remain in force for a period of three weeks from today.

5] It is needless to mention that this Court has not adjudicated the issue involved in the present petitions and are disposed off in view of availability of alternate remedy. 6] Petition is disposed off.

(A.S. GADKARI, J.) 2/2