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Bombay High CourtWP/13489/2018disposed off

Shri. Sharad Raghavendra Joshi And ORS v. Shri. Nagesh Janardan Pandey And ORS

2020-01-07Hon'Ble Shri Justice C.V. Bhadang3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13489 OF 2018 Shri.Sharad Raghavendra Joshi & Ors.

..Petitioners V/s.

Shri.Nagesh Janardhan Pandey & Ors.

..Respondents ---- Mr.Sandesh Deshpande for the Petitioners.

Mr.Chetan G. Patil for Respondent No.1.

---- CORAM : C.V. BHADANG, J.

DATE : 07th JANUARY 2020 P.C.

1.

Heard for some time.

2.

The learned counsel for the petitioner on instructions seeks leave to withdraw the petition with a request to expedite the disposal of the matter in dispute i.e. CCT No.1/2018. He further submits that the ad-interim relief which was granted on 03rd January 2019 be continued for a limited period.

3.

The learned counsel for the respondents strongly opposes the continuation of the ad-interim relief.It is submitted that the first respondent is the elected Chairman of the Society and N.S. Kamble page 1 of 3

the impugned order restraining the first respondent from taking major policy decisions is affecting the day to day working of the society.

4.

I have carefully considered the submissions made by the learned counsel for the parties.

5.

The ad-interim relief is operating in this petition from 03rd January 2019. In view of the request for withdrawal of the petition, I am inclined to expedite the dispute which is of the year 2018. In that view of the matter, it would appropriate that the adinterim relief is continued albeit for a limited period. In the result the petition is dismissed as withdrawn with no order as to costs. 6.

The co-operative Court shall decide CCT No.1 of 2018, as expeditiously as possible and in any event within a period of 4 months from the receipt hereof.

7.

The parties to co-operate for the time bound disposal of the dispute.

N.S. Kamble page 2 of 3

8.

Ad-interim relief operating in this petition shall continue to operate for a period of four months from today. Liberty to the first respondent to apply if necessary. C.V. BHADANG, J.

N.S. Kamble page 3 of 3