Bombay High CourtWP/4724/2017dispossed offdismiss for default

Maroti S/O Vithoba Pote v. Chairman, The Chandrapur District Central Cooperative Bank Ltd., Chandrapur And Others

2017-07-21Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Rohit Baban Deo2 pages

1 wp4723.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.4723 OF 2017 (Ashok s/o Janardan Nanadekar ..vs.. Chairman, The Chandrapur District Central Cooperative Bank Ltd., Chandrapur and others) WITH WRIT PETITION NO.4724 OF 2017 (Maroti s/o Vithoba Pote ..vs.. Chairman, The Chandrapur District Central Cooperative Bank Ltd., Chandrapur and others) WITH WRIT PETITION NO.4725 OF 2017 (Rajendra s/o Wamanrao Siraskar ..vs.. Chairman, The Chandrapur District Central Cooperative Bank Ltd., Chandrapur and others) WITH WRIT PETITION NO.4726 OF 2017 (Pramod Kisanrao Raut..vs.. Chairman, The Chandrapur District Central Cooperative Bank Ltd., Chandrapur and others) WITH WRIT PETITION NO. 4727 OF 2017 (Anil s/o Bhaurao More ..vs.. Chairman, The Chandrapur District Central Cooperative Bank Ltd.

, Chandrapur and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.D. Raut, Advocate for the petitioners, Shri A.V. Palshikar, AGP for respondent No.3. CORAM : B.P. DHARMADHIKARI AND ROHIT B. DEO, JJ.

DATED : 21-07-2017 Writ is sought against a Co-operative Society. Respondent No.1 is Chairman of the Co-operative Society. Respondent No.2 is Chairman of Staff Committee. Society Bank as such is not joined as respondent.

Perusal of judgment in the case of Maharashtra State Cooperative Housing Finance Corporation Ltd. v.

2 wp4723.17 Prabhakar Sitaram Bhadange reported at AIR 2017 SC 1647 shows that remedy of filing civil suit is available to the petitioners.

In this situation, as writ cannot be issued to a Co-operative Society, with liberty to the petitioners to take such other steps as are available in law, we dispose of the petitions.

JUDGE JUDGE adgokar