M/S Blue Square Inc v. Deputy Registrar Of Co Op Societies And ORS

Osk C-51-Wp-8080-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 8080 OF 2021 M/s. Blue Square INC ... Petitioner V/s.

Deputy Registrar of Co-Op Soc. & Ors.

... Respondents Mr.S.T. Pandey a/w. Mr.Arvind Singh, Mr.Rakesh Mishra, Ms.Angela Singha, Ms.Ramsha Khatib and Ms.Bharati Bhosale i/b.Mr.Ashish Mehta for Petitioner. Mr.A.P. Vanarse, A.G.P. for State.

Mr.Bhadrashetye a/w. Mr.Raghavendra Mehrotra, Ms.Pooja Deshmukh i/b. Law Khart Legal for Respondent No.2.

CORAM : A.S. GADKARI, J.

DATE : 12th April 2022.

P.C. :

1.

At the outset Mr. Bhadrashetye, learned Advocate appearing for Respondent No.2 raised a preliminary objection and submitted that, against the impugned Order dated 31st August 2015 passed under Section 101 of The Maharashtra Co-operative Societies Act, 1960 (for short, "M.C.S. Act"), a substantive alternate statutory remedy under Section 154 of the M.C.S. Act is available to the Petitioner and without availing the said remedy, Petitioner has directly approached this Court, invoking its jurisdiction under Article 227 of the Constitution of India.

This Order is modified/corrected by Speaking to Minutes Order dated 21/04/2022. 1/2

Osk C-51-Wp-8080-2021.odt 2.

In view thereof, learned counsel appearing for the Petitioner, on instructions, seeks leave to withdraw present Petition with liberty to avail the said substantive alternate statutory remedy as contemplated under the provisions of the M.C.S. Act, if so advised.

Leave and liberty granted.

3.

Petition is disposed off as withdrawn with aforesaid liberty. [A.S. GADKARI, J.] by OMKAR SHIVAHAR KUMBHAKARN Date:

2022.04.25 17:13:48 +0530 OMKAR SHIVAHAR KUMBHAKARN This Order is modified/corrected by Speaking to Minutes Order dated 21/04/2022. 2/2