Yuvraj Pundlik Kadam v. Ojhar Merchant Co-Op Bank Ltd Thr. Chief Executive Officer And ORS

1 18 12518 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12518 OF 2022 Yuvraj Pundlik Kadam (Since deceased through His LRs) 1-A Smt.Manisha Yuvraj Kadam and Ors.

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Petitioners

Versus

Ojhar Merchant Co-op. Bank Ltd., Nashik & Ors.

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Respondents Mr.Pramod N. Joshi, Advocate for the Petitioners. Mr.Rahul D. Motkari a/w. Mr.Abhishek Kase, Advocate for Respondent Nos.1 and 2.

Mr.S.H. Kankal, AGP for Respondent Nos.3,4 and 5. CORAM : NITIN JAMDAR AND MANJUSHA DESHPANDE, JJ.

DATE : 25 September 2023.

P.C. :

Learned counsel for the Petitioners points out that Petitioners have already approached the concerned authorities in respect of the application made under Rule 107 of the Maharashtra Co-operative Societies Act, 1960 and the Rules framed thereunder. The learned AGP states that representation/application is made to the wrong Authority. The learned AGP and the learned counsel for Respondent-Bank points out that the Petitioners have made application/representations to the Divisional Joint Registrar instead Digitally signed by RAJESHRI PRAKASH AHER Date:

2023.10.03 15:01:25 +0530 RAJESHRI PRAKASH AHER of District Deputy Registrar. The learned counsel for the parties Rajeshri Aher

2 18 12518 of 2022.doc suggest that to save time, instead of filing a fresh representation/application, the representation/application filed before the Divisional Joint Registrar be forwarded to the District Deputy Registrar, who is the appropriate authority. The learned AGP states that upon receipt of the said application/representation, the District Deputy Registrar will decide the same within a period of four weeks if not already disposed of.

Accordingly we dispose of the Writ Petition directing that the representation/application made by the Petitioners to Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik be forwarded to the District Deputy Registrar, Co-operative Societies, Nashik within a period of two weeks. Thereafter the same be decided within a period of four weeks and the outcome be informed to the parties.

Writ Petition is accordingly stands disposed of. All contentions of parties are kept open.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.) Rajeshri Aher