Bombay High CourtWP/5908/2017disposedoff

Pragatik Co-Op Housing Society Ltd. Nagpur Thr. Secretary/President v. Shalikram S/O Harbaji Bhange

2020-01-23Hon'Ble Shri Justice R.V. Ghuge2 pages

1 wp5908.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5908/2017 Pragatik Cooperative Housing Society Ltd., Nagpur ..V/s..

Shri Shalikram S/o Harbaji Bhange - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K. Tambde, Advocate for the respondent. CORAM : RAVINDRA V. GHUGE, J.

DATED : 23.1.2020.

1] On 21.1.2020, none was present for the petitioner. This matter was, therefore, posted today for passing orders. Even today none is present for the petitioner though the matter is shown on the daily board under the passing orders category.

2] The learned Advocate for the respondent submits that the petitioner has directly approached this Court against an order passed by the Co-operative Court dated 18.4.2016 and the statutory remedy is to approach the Co-operative Appellate Court under Section 149(9) of the Maharashtra Cop-operative Societies Act. 3] Considering the above, and the law laid down by the Hon'ble Apex Court in the matters of Virudhunagar Hindu Nadargal Dharma Paribalana Sabai V/s. Tuticorin Educational Society (2019 SCC Online SC

2 wp5908.17 1292) and Genpact India Private Limited V/s. Deputy Commissioner of Income Tax, Civil Appeal No.8945/2019, dated 22/11/2019, this petition is disposed off. If the petitioner avails of the statutory remedy within a period of 30 days from today, the time spent by the petitioner in this Court from 14.6.2017 until 30 days from today, would be a ground for seeking condonation of delay.

(RAVINDRA V. GHUGE, J.) Tambaskar.