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Bombay High CourtWP/18840/2024disposed off

Kailash Rajgarhia Huf Thr Its Karta Shri Kailash Rajgarhia v. The Cosmos Cooperative Bank Ltd And ORS

2024-12-16Hon'Ble Justice Sharmila U. Deshmukh2 pages

67 Wp-18840-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 18840 OF 2024.

Kailash Rajgarhia HUF (through its Karta Shri Kailash Rajgarhia)

...Petitioner.

Versus

The Cosmos Cooperative Bank Ltd. and Others.

...Respondents.

------ Mr. R. M. Pethe i/b Ms. Pooja Sejpal for Petitioner. Mr. Vishal Ghosal, Mr. Mohd. Moin Khan and Mr. Bharat Kadam for Respondent No.1.

------ Coram : Sharmila U. Deshmukh, J.

Date : December 16, 2024.

P. C. :

1.

Learned counsel appearing for Respondent-Bank would submit that the Petitioner's Gala which was Gala No.7 in respect to which there was status quo order was inadvertently ordered under Rule 107(11)(d-1) (vi)(a) of the Maharashtra Co-operative Societies Rules, 1961 and came to be subsequently deleted and therefore, though the impugned order dated 20th September, 2024 of the Chief Judicial Magistrate includes the said Gala, no action will be taken till the status quo is vacated by the Civil Court.

2.

In light of the submissions made by learned counsel appearing for Respondent-Bank, the impugned order dated 20th September, 2024 qua Gala No.7 is set aside till the status quo order is vacated by Court Sairaj 1 of

67 Wp-18840-2024.doc in accordance with law.

3.

In view of the said submission, nothing survives for further consideration and the Petition stands disposed of. [Sharmila U. Deshmukh, J.] Sairaj 2 of