Sachin Shridhar Deogude v. The Medical College Hospital Employees Co-Op. Credit Society Ltd Thr Administrator And ORS

1 W.P.No.9084/12

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.9084 OF 2012 Sachin S.Devgude ... Petitioner.

Versus

The Medical College Hospital Employees Cooperative Credit Society Ltd., Auragnabad through its Administrator nd others.

... Respondents.

...

Mr.A.S.Shelke, advocate for the petitioner.

Mr.B.B.Bhise, advocate for Respondent No.1 absent.

Mr.N.R.Solanke, advocate for Respondent No.2 absent.

Mr.C.R.Thorat, advocate for Respondent Nos.4A,4B. absent.

...

CORAM : S.V.GANGAPURWALA,J.

Date : 20.04.2017.

PER COURT :

1.

Heard.

2.

The present petition is filed for limited purpose of expunging the remarks made

2 W.P.No.9084/12 against the petitioner in the judgment of the Member, Maharashtra State Cooperative Appellate Court, Mumbai, Bench at Aurangabad, dated 6.9.2012, more particularly, para 18 and 20.

3.

In fact, the said remarks made against the petitioner in the judgment of the Cooperative Appellate Court in Restoration Application No.3/2011 would not survive in view of the judgment of the Cooperative Appellate Court in Review No.4/2012. The Cooperative Appellate Court in the said order has accepted the Resolution passed by the Society in the meeting and it was held that the present petitioner had authority to represent the Society and that he had independently appeared and was authorised to appear. The observations of the Court in the judgment dated 6.12.2014 in Review Application No.4/2012 are explicitly unambiguous.

The observations made by the Cooperative Court in Restoration Application No.3/2011 against the petitioner, as such does not survive and already explained in Review Application No.4/2012 dated 6.12.2014.

3 W.P.No.9084/12 4.

With these observations, the Writ Petition is disposed of. No costs.

(S.V.GANGAPURWALA,J.) asp/office/wp9084.12

4 W.P.No.9084/12