Nilgiri Upvan Chs Through Its Secretary v. The State Of Maharashtra And ORS.

p524-9967-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9967 OF 2017 Nilgiri Upvan Co-op. Hsg. Soc.

...Petitioners

V/s.

The State of Maharashtra & Anr.

...Respondents

Ms.Sandhya A. Maitagir i/b Mr.Anil D. Joshi for the Petitioners. Mr.Rajesh Datar for the Respondent Nos.3 to 5 and 7 to 10. Mrs.K.R. Kulkarni, AGP for the State - Respondent. CORAM : M.S. SONAK, J.

DATE : 15TH SEPTEMBER, 2017.

P.C. :- 1.

Not on board. Upon production, taken on board. 2.

The impugned order dated 23rd August, 2017 made by the District Deputy Registrar of Co-operative Society invokes the provisions of section 77-A(1)(b-1) of the Maharashtra Co-operative Societies Act, 1960 (MCS Act).

3.

As against the order made under section 77-A of the MCS Act, an appeal is provided under section 152 of the MCS Act. 4.

Since, the petitioners have alternate and efficacious remedy available to them, there is no reason to entertain the present 1/2

p524-9967-17 petition. The petitioners shall however, at liberty to avail of such alternate remedy. For the aforesaid reason, this petition is not entertained. There shall be no order as to costs. 5.

All contentions of all the parties on merits are left open to be decided by the Appellate Authority.

(M.S. SONAK, J.) 2/2