Bharat Meghji Shah And ORS v. The Office Of The Deputy Registrar Of Co-Op Erative Societies K West Ward And ANR

25 Wp-9447-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9447 OF 2024 .

Bharat Meghji Shah and Others.

...Petitioners.

Versus

The Office of the Deputy Registrar of Co-Operative Societies, K/West Ward and Another. ...Respondents. ------ Mr. Shreyans Mamania for the Petitioner.

Ms. Kavita Solunke, AGP for Respondent-State. Mr. Arun Panickar and Mr. Vinay Nair for Respondent No.2. ------ Coram : Sharmila U. Deshmukh, J.

Date : November 25, 2024.

P. C. :

1.

Preliminary objection was raised by learned counsel appearing for Respondent No.2 on availability of alternate remedy under Section 152 of the Maharashtra Co-operative Societies Act, 1960 [for short, "the MCS Act"].

2.

Learned counsel for the petitioner would submit that the order which is impugned in the present case is passed by the Deputy Registrar in exercise of powers under Section 78A of the MCS Act as against which the remedy of appeal is provided under Section 152 of the MCS Act.

3.

Learned counsel for the petitioner does not dispute that the order impugned has been passed under Section 78A of the MCS Act Sairaj 1 of

25 Wp-9447-2024.doc and the remedy of appeal is available under Section 152. He would however, justify the filing of the petition directly in this Court by submitting that Respondent No.2, i.e. the Managing Committee of the Society is delaying the matter. That is no reason to approach this Court directly under Article 227 of the Constitution of India. 4.

Section 152 of the MCS Act provides for the remedy of the appeal against any order passed under Section 78A of the MCS Act. In view of an alternate remedy of appeal available, which has not been exhausted, I am not inclined to consider the petition under Article 227 of the Constitution of India.

5.

The petition is disposed of with the liberty to petitioner to avail the remedy of appeal under Section 152 of the MCS Act. 6.

It is made clear that this Court has not gone into the merits of the matter and as such, all the rights and contentions of all the parties are expressly kept open.

[Sharmila U. Deshmukh, J.] Sairaj 2 of