Sou. Chandraprabha Devendra Agase v. Solapur Mahanagarpalika Sarvasadharan Sevakanchi Sahakari Path Sanstha (M) And ORS.

1 1.11898.17 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11898 OF 2017 Sou. Chandraprabha Devendra Agase .....Petitioner V/s.

Solapur Mahangarpalika Sarvasadharan .....Respondents Sevakanchi Sahakari Pat Sanstha (M) and others Mr. Ajit V. Alange for the Petitioner CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 29, 2019.

P.C.

The petitioner was a disputant before the Co-operative Court, Solapur in Dispute No. CC1393/2004 wherein a claim for illegal dismissal from the services of a Co-operative Societies was agitated. The Co-operative Court vide order dated 27/07/2016, on merit, adjudicated the claim of the petitioner and dismissed the dispute which was confirmed in Appeal No. 89 of 2016 vide order

2 1.11898.17 wp.doc dated 23/01/2017.

The submissions of the learned counsel for the petitioner are, in view of the Judgment of the Apex Court in the matter of The Maharashtra Cooperative Housing Finance Corporation Ltd. Vs. Prabhakar Sitaram Bhadange1, the Co-operative Court has no jurisdiction to entertain the dispute in relation to service matter of an employee of a Co-operative Society. According to him, both Judgments are liable to be set aside with liberty to the petitioner to canvass his claim before the competent forum. In view of the fact that the issue is squarely covered by the aforesaid Judgment of the Apex Court delivered in The Maharashtra Cooperative [cited supra], a motion is made by the learned counsel for the petitioner in response to the Court's query for withdrawal of the petition.

Petition stands disposed of as withdrawn with liberty to the [(2017) 5 SCC 623

3 1.11898.17 wp.doc petitioner to agitate his claim qua his dismissal before competent forum.

In case, if the issue of delay cropped up, time spent in prosecuting the dispute up to this Court be considered. [NITIN W. SAMBRE, J.]