Bombay High CourtWP/4976/2014dispossed offdismiss for default

Ujjwal Co-Operative Credit Society, Through Its President /Secretary, Nagpur v. Shri Mukund Narayan Gajbhiye And 3 Others

2016-06-14Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp4976.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4976 OF 2014 (UJJAWAL CO-OPERATIVE CREDIT SOCIETY LTD...VS..MUKUND NARAYAN GAJBHIYE & 3 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.N. Deshpande, Advocate for Petitioner. Shri D.V. Siras, Advocate for Respondent No.1 Ms H.N. Prabhu, A.G.P. for Respondent No.2.

CORAM : Z.A.HAQ, J.

DATED : JUNE 14, 2016.

Shri D.V.Siras, advocate for the respondent No.1 has raised a preliminary objection that the petitioner has alternate statutory remedy under Section 154 of the Maharashtra Co-operative Societies Act, 1960. Though the learned advocate for the petitioner tried to persuade that the petition can be entertained and decided by this Court in spite of the remedy available under Section 154 of the Maharashtra Co-operative Societies Act, 1960, in my view, the submission made on behalf of the petitioner cannot be accepted.

The petition is disposed with liberty to the petitioner to avail alternate remedy under Section 154 of the Maharashtra Co-operative Societies Act, 1960, if so advised. The learned advocate for the respondent No.1 has pointed out that the impugned order is dated 21st March, 2014 and the petition is filed on 6th August, 2014 that is after the period of limitation for filing the revision expired.

2 wp4976.14 Considering the fact that this Court issued notice of this petition and the petition has been pending for a substantial period, if the petitioner files revision application and applies for condonation of delay, the prayer for condonation of delay shall be considered liberally by the revisional authority.

It is further directed that if the petitioner files revision within one month, the revisional Authority shall dispose the revision within six months from the date of service of notice of the revision on the respondent. JUDGE RRaut..