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Bombay High CourtWP/4404/2025disposed off as withdrawn

Jeetu Rajeshwar Kotpalliwar And ANR v. Ujjwal Nandadeep Chs Ltd. And ORS

2025-09-25Hon'Ble Shri Justice Suman Shyam , Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

28-WP-4404-2025.DOC Rekha Patil

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4404 OF 2025 Jeetu Rajeshwar Kotpalliwar and Anr.

...Petitioners

Versus

Ujjwal Nandadeep CHS Ltd. And Ors.

...Respondents

Mr. Amit Saple a/w Priyanka Kumar, Chinmay Apte and Susmit Paradkar, for the Petitioners.

Mr. Vineet Naik, Senior Advocate a/w Miheer Jayakar, Dinesh Rane, for the Respondent Nos. 1 to 4, 6 to 7, 9 to 11. Mr. S. P. Kamble, AGP, for the Respondent No. 13.

CORAM:

SUMAN SHYAM & MANJUSHA DESHPANDE, JJ.

DATED:

25th SEPTEMBER 2025.

PC:- 1.

Heard Mr. Saple, learned Counsel appearing for the petitioners.

2.

The grievance expressed in the Writ Petition primarily pertains to validity of elections of the private respondents in the Managing Committee of the Society as well as the validity of the resolution adopted therein, which is, in our opinion, are not the matter that can be agitated by filing a Writ Petition invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India. Therefore, we are not inclined to entertain this petition.

REKHA PRAKASH PATIL REKHA PRAKASH PATIL Date: 2025.09.25 18:56:08 +0530 25th September 2025

28-WP-4404-2025.DOC 3.

At this stage, the petitioners' Counsel seek leave of this Court to withdraw the Writ Petition with liberty to move the jurisdictional Deputy Registrar of Co-operative Society, ventilating their grievance in the matter.

4.

The prayer for withdrawal has not been opposed by the learned Senior Counsel appearing for the respondent Nos. 1 to 4, 6 to 7 and 9 to 11 as well as learned AGP, appearing for the respondent No.13.

5.

In view of the above, without expressing any opinion on the merit of the plea raised in the Writ Petition, we permit the Writ Petition to be withdrawn with liberty to approach to the concerned Deputy Registrar, Co-operative Society, by filing appropriate representation.

6.

If any representation is submitted before the concerned Authority within two weeks from today, the same be considered on merit and deposed of by a reasoned order, in accordance with law, within a further period of three months.

7.

With the above observations, Writ Petition stands disposed of.

(MANJUSHA DESHPANDE, J.) (SUMAN SHYAM, J.) { 25th September 2025