The Ahmednagar Merchants Co Operative Bank Ltd Ahmednagar Through The Chief Executive Officer v. The Honble Cabinet Minister For Co Operation Maharashtra State Mumbai And Others

2025:BHC-AUG:12810 911-ra-50-2025.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION (CIVIL) NO. 50 OF 2025 IN WP/10807/2016 WITH CIVIL APPLICATION NO. 4988 OF 2025 IN RA/50/2025 The Ahmednagar Merchants Co Operative Bank Ltd Ahmednagar Through The Chief Executive Officer

VERSUS

The Honble Cabinet Minister For Co Operation Maharashtra State Mumbai And Others ...

Advocate for Applicant : Mr. V.D. Hon, Senior Advocate i/b Mr. Hon Ashwin Vinayak AGP for Respondent/State : Mr. V.S. Badakh/Mr. D.B. Bhange Advocate for Respondent Nos.3, 4 & 5 : Mr. Abhay Ostwal ...

CORAM : S.G. CHAPALGAONKAR, J.

DATED : APRIL 30, 2025 PER COURT :

1.

Heard learned senior advocate appearing for applicant. 2.

The applicant seeks review of order dated 15.07.2024 passed in Writ Petition Nos.10807 of 2016, 10625 of 2016 and 3639 of 2018. The issue before this Court in writ petitions was pertaining to the resolution passed by the applicant/bank whereby the applications for grant of membership submitted by individual petitioners were rejected. This Court after considering the scheme under Section 22 and 27 of Maharashtra Co-operative Societies Act, 1977, allowed writ petitions thereby setting aside order of Minister and issued directions to the applicant to comply order dated 23.02.2015 passed by the Commissioner of Co-operation and Registrar Co-operative Societies - respondent no.2.

911-ra-50-2025.odt (2) 3.

Mr. Hon, learned senior advocate submits that writ petitioners had moved applications in bulk for grant of membership and it was prerogative of the society to consider or not to consider such applications. The petitioners were not admitted as member by recording detail reasons as they had not individually applied for membership. The aforesaid contentions were raised even at the hearing of writ petitions and this Court after considering the merit of such submissions and relying upon earlier decision rendered by this Court in the case of Mr. Ashok Sakharam Ovhal and Ors. Vs. The Hon'ble Cooperative Minister, Cooperative Ministry in Writ Petition No.14305 of 2019 dated 15.02.2022, passed the order under review. It appears that the applicant is reiterating contentions which were advanced at the time of hearing of writ petitions, which have been elaborately considered and rejected by this Court on merit. It is therefore evident that there is no good round for review. If the applicant is aggrieved by the decision on merit, he is at liberty to approach the higher Court.

4.

In that view of the matter, review application stands rejected.

5.

Civil Application No.4988 of 2025 stands disposed of. (S.G. CHAPALGAONKAR, J.) Mujaheed//