Vithal Dadu Kamble v. Smt. Droupadi Yashwant Yadav And ANR

14-wp2237-2024.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2237 OF 2024 Vithal Dadu Kamble ... Petitioner V/s.

Droupadi Yashwant Yadav & Anr.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2024.02.21 14:37:09 +0530 Mr. Chetan Patil i/by Mr. Mandar G. Bagkar for the petitioner.

CORAM : AMIT BORKAR, J.

DATED : FEBRUARY 21, 2024 P.C.:

1.

The petitioner is the opponent in a dispute filed by respondent No.1. The principal relief sought is to the effect that the petitioner should not be enrolled as member of the Cooperative Society.

2.

Whether a person is to be enrolled or not is the power of society based on parameters under Section 22 of the Maharashtra Cooperative Societies Act, 1960. In case of refusal, remedy of aggrieved person is to challenge it by way of appeal. Independent forum before the Registrar and superior authority is already provided.

3.

According to the petitioner, he is already enrolled as member. Despite that, the Appellate Court has granted injunction

14-wp2237-2024.doc restraining the society from implementing application filed by the petitioner for membership.

4.

Hence, issue notice to the respondent Nos.1 and 2, returnable on 17 April 2024.

5.

There shall be ad-interim in terms of prayer clause (b) till 17 April 2024.

(AMIT BORKAR, J.)