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Bombay High CourtWP/11851/2023disposed off

Dhananjay Badrinath Sable v. The Chairman Seva Sahakari Sanstha Maryadit Pimparkhed Through Its Chairman And Others

2023-12-04Hon'Ble Shri Justice Arun R. Pedneker2 pages

2023:BHC-AUG:25659 4-WP-11851-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 WRIT PETITION NO.11851 OF 2023 DHANANJAY BADRINATH SABLE

VERSUS

THE CHAIRMAN SEVA SAHAKARI SANSTHA MARYADIT PIMPARKHED THROUGH ITS CHAIRMAN AND OTHERS ...

Advocate for Petitioner : Mr. Amit T. Ghute Advocate for Respondent No.1 : Mr. V.P. Savant CORAM :ARUN R. PEDNEKER, J.

DATE :04.12.2023 P.C. :

1] Heard the learned counsel for the parties.

2] The petitioner had challenged before the Cooperative Appellate Court the interim order passed by the Cooperative Court, Latur, thereby granting injunction application Exhibit-5 in favour of the petitioner. The said order is quashed and set aside by the Cooperative Appellate Court on the ground that the Resolution dated 28.05.2022 was implemented even before the injunction application was filed by the petitioner before the Cooperative Court at Latur, as such, the Appellate Court held that interim injunction order ought not to have been passed. 3] Heard the learned counsel for the parties.

4-WP-11851-23 4] At this stage, it would not be possible to restore the position of petitioner and to remove the person who is appointed on the said post by respondent No.3, even before the interim injunction application was filed by the petitioner.

5] In view of the same, the Cooperative Appellate Court is directed to decide Dispute No.135 of 2022, as expeditiously as possible, preferably within a period of nine

(09) months from the date of production of certified copy of this order.

6] The Writ Petition is disposed of.

[ARUN R. PEDNEKER] JUDGE S.P.Rane