← Library
Bombay High CourtWP/7162/2009disposed offdismissed for default

Sau Indumati Bhaskar Zope v. The Union Of India And ORS

2016-02-16Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice A.M. Badar2 pages

wps7162,7305,7151-09 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7162/2009 WITH CIVIL APPLICATION NO.4364/2010 Sau.Indumati Bhaskar Zope

Versus

The Union of India and others ...

WRIT PETITION NO.7151/2009 WITH CIVIL APPLICATION NO.4362/2010 Sudhir Vitthalrao Limaye and Ors

Versus

The Union of India & Ors.

...

WRIT PETITION NO.7305/2009 WITH CIVIL APPLICATION NO.4365/2010 Sudhir Vitthalrao Limaye and Ors.

Versus

The Union of India & Ors.

...

Adv.Mr.M.S.Kulkarni for petitioners Mr.V.H.Dighe,AGP for respondent State Mr.S.B.Deshpande, ASG for Union of India Respondent No.3 is deleted ...

CORAM : S.V.GANGAPURWALA & A.M.BADAR,JJ.

DATED : 16TH FEBRUARY,2016 PER COURT :- The petitioners assail the proceedings filed before the District Consumer Forum. We have heard Mr.Kulkarni, learned counsel for

wps7162,7305,7151-09 -2the petitioners. Learned counsel Mr.Kulkarni relies on the judgment of learned Single Judge of this Court in the case of Varsha Isai V/s Rajashri reported in 2011(3) All M.R. 88 and submits that the petitioners being Directors of the Cooperative Society, the proceedings against them before the District Consumer Forum are not mandatory.

2] Learned AGP relies on the judgment of the Division Bench of this Court reported in the case of Mandatai Sambhaji Pawar and another V/s State of Maharashtra and another reported in 2012

(3) Bombay C.R. 843.

3] The issue involved in the present Writ Petition is no longer resintegra in view of the judgment of Division Bench of this Court in the case of Mandatai V/s State of Maharashtra referred supra. 4] In case the proceedings are pending before the District Consumer Forum, the petitioners are entitled to file their say and take such other steps as are permissible in law. Writ Petitions are disposed of. No costs.

5] In view of disposal of Writ Petitions, Civil Applications stand disposed of.

(A.M.BADAR,J.) (S.V.GANGAPURWALA,J.) umg/