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Bombay High CourtWP/12432/2015disposed off

Shri. Sai Patsanstha Ltd. Through Its Chairman Shri. Ashok B. Dhavate v. Shri. Sandip Barikrao Choudhari And ORS.

2017-02-28Hon'Ble Shri Justice R.M. Savant.1 pages

(50) wp-12432.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12432 OF 2015 Shri Sai Patsanstha Ltd.

Shewalwadi Through its Chairman Ashok Bibhishan Dhavate : Petitioner.

Versus

Sandip Barikrao Choudhari and ors.

: Respondents.

Mr. S A Tarale for the Petitioner.

Mr. S S Kulkarni for the Respondent No.1.

Mrs.V S Nimbalkar AGP for the Respondent Nos.3, 4 and 6. CORAM :

R. M. SAVANT, J.

DATE :

28th February 2017 P.C.

Since the Revision filed by the Respondent No.1 herein has been treated as an Appeal under Section 152 of the Maharashtra Co-operative Societies Act by the Divisional Joint Registrar, Pune, the Petitioner has a remedy by way of a Revision under Section 154 of the said Act before the State Government. Hence it is not necessary to entertain the above Petition. By relegating the Petitioner to the said remedy by way of a Revision, the above Writ Petition is disposed of. Needless to state that if the issue of limitation arises, the fact that the Petitioner was prosecuting the above Petition in this Court can be urged by the Petitioner. If the Revision is filed, needless to state that the same would be tried on their own merits and in accordance with law. The contentions of the parties are kept open for being urged before the Revisionary Authority.

[R.M.SAVANT, J] lgc