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Bombay High CourtWP/12750/2024disposed off

Lakhamshi Ratanshi Karia And ORS v. The Deputy Registrar Co-Op. Soc. And ANR

2024-12-05Hon'Ble Shri Justice Amit Borkar1 pages

1/1 37 WP-12750-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2024.12.06 18:16:14 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12750 OF 2024 Lakhamshi Ratanshi Karia & Ors.

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Petitioners

Versus

The Deputy Registrar Co-Op. Soc. & Anr.

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Respondents ...

Mr.Suryajeet P. Chavan with Mr.Bajrang Solanke and Mr.Ajinkya Walekar for the Petitioners.

Mr.Snehal S. Jadhav, AGP for the Respondent No.1. Mr.Bhavin Gada with Dhaval Viswadia for the Respondent No.2 ...

CORAM: BHARATI DANGRE, J.

DATED : 05th DECEMBER, 2024 P.C:- 1.

The learned counsel for Respondent No.2 has raised a preliminary objection about the maintainability of the Petition in the wake of an effective and efficacious remedy being available under Section 152 of the Maharashtra Co-Operative Societies Act. He has specifically urged that the order dated 10/06/2024 is passed pursuant to the notice issued under Section 154(B)-27(2) and, since, the decision derived by the Deputy Registrar is sought to be challenged in this Petition, an alternative remedy should have been availed.

Let Respondent No.2 file its objection in writing, so that the Petitioners will avail an opportunity to deal with the same. 2.

Re-notify to 13/01/2025.

(BHARATI DANGRE, J.) M.M.Salgaonkar