Arun Pannalal Jain v. Social And Cultural Association Kusumbe Through President

W.P.7416-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7416 OF 2020 Arun s/o Pannalal Jain ..

Petitioner

Versus

Social and Cultural Association Kusumbe, Taluka and District Dhule through its President ..

Respondent Mr U.S. Malte, Advocate for petitioner CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 28th October 2020 PER COURT:

1.

Mr Malte, learned Counsel for the petitioner submits that the respondent, with mala fide and malicious intention initiated proceedings against the petitioner and the respondent is bent upon terminating the membership of the petitioner. The show-cause notice has been issued to the petitioner and petitioner has filed interim reply and sought documents relevant for the reply. The documents are not supplied. The respondent has terminated the services of the children of the petitioner. The proceedings in that regard are also pending. The principles of natural justice are not adhered to by the respondent.

2.

The dispute is between the association and its members vis-a-vis the membership. In case, the respondent fails to adhere to the principles of natural justice, the petitioner would have remedy available and can agitate all the grounds before the proper forum.

W.P.7416-2020 3.

Considering the stage at which the present dispute is, and also the factum that the dispute is between the association and its members for which the show-cause notice has been issued to the petitioner and the petitioner has filed his reply, at present, we are not inclined to exercise our jurisdiction under Article 226 of the Constitution of India.

4.

Keeping all the contentions of the petitioner on merits open, we dispose of the petition. The petitioner may avail the remedy, as may be permissible in law. No costs.

( SHRIKANT D. KULKARNI, J. ) ( S.V. GANGAPURWALA, J. ) vvr