Pratibha Cooperative Housing Society Ltd. v. Shantaram Kisan Dhavale

Trupti p507-wp-13915-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13915 OF 2017 Pratibha Co-operative Housing Society Ltd.

...Petitioner

Versus

Shantaram Kisan Dhavale

...Respondent

......

Mr. Bhooshan Mandlik I/b. Mr. S.S. Patwardhan for the Petitioner. ......

CORAM: MRS.MRIDULA BHATKAR, J.

DATED:

JULY 17, 2018 P.C. :

1.

Upon urgent mentioning, taken on Production Board. 2.

This Petition is directed against the order dated 10th April, 2017 passed by the learned Judge, Co-operative Court No.1, Pune below exhibit 1 in Dispute No. 6 of 2016, thereby holding that Co-operative Court has jurisdiction to try and decide the dispute. 3.

In view of the Maharashtra Ordinance No. XVIII of 2018 dated 27th June, 2018, saving clause 3 (2) and proviso thereto, this

Trupti p507-wp-13915-17.doc Petition abates and is disposed of as abated. If there is any other issue under Order 14 or any application under Order 7 Rule 11, the Court can proceed and decide.

4.

It is made clear that pursuant to the Ordinance, if there is no enactment, then the learned Counsel for the petitioner is at liberty to move this Court for recall of this order.

5.

Writ Petition is disposed of as such.

(MRIDULA BHATKAR, J.)