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Bombay High CourtWP/11696/2015disposed off

Kolhapur Zilla Sahakari Krishi Gramin Bahu Uddeshiya Vikas Bank Maryadit v. State Of Maharashtra Through The Secretary, Dept. Of Cooperation And ANR.

2017-01-13Hon'Ble Shri Justice Prakash D. Naik,Hon'Ble Shri Justice Shantanu S. Kemkar3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11696 OF 2015 Kolhapur Zilla Sahakari Krishi Gramin Bahu Uddeshiya Viakas Bank Maryadit .. Petitioner V/s.

The State of Maharashtra & Anr.

.. Respondents ......

Mr. S.S. Patwardhan, Advocate for the Petitioner. Ms. R. M. Shinde, AGP for Respondent - State. ......

CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ.

DATED :

JANUARY 13, 2017.

P.C. :

Through this petition the petitioner has claimed the following reliefs:

"A) That this Hon'ble Court be pleased to issue a writ of Mandamus or any other appropriate writ, order or directions in the nature of mandamus directing respondent no.1 to implement the recommendations of the Expert committee dated 12th May 2014 Exhibit D hereto and complete the payment payable by it to the petitioner as recommended by the said Expert Committee

rpa 2/3 before any action under Sec. 102 of the Maharashtra Cooperative Societies Act, 1960 is taken against respondent no.2.

B) That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus thereby directing the respondent no.2 to withdraw his notices dated 20th February, 2013 and 21st August, 2015 issued to the petitioner under the provisions of Section 102 of Maharashtra Cooperative Societies Act, 1960.

C) Pending hearing and final disposal of this Writ Petition, this Hon'ble Court be pleased to stay all further proceedings against the petitioner in terms of notices dated 20th February, 2013 and 21st August, 2015 issued by respondent no.2 to the petitioner.

D) Interim and ad-interim reliefs in terms of prayer clauses (C) and (D) above be granted.

E) Costs of the petition be provided for.

F) Pass such further and other reliefs as the nature and circumstances of the case may require."

rpa 3/3 We have been apprised that during the pendency of this petition the petitioner Bank has been placed under liquidation vide interim order dated 26th November, 2015 and final order dated 21st January, 2016.

In view of the aforesaid, in our considered view, no reliefs in the nature claimed in the petition can be granted and in our view the petition has rendered infructuous. As a result, the petition is disposed of as infructuous. (PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.)