Shivkrupa Sahakari Patpedhi Ltd And ANR v. Adam Ali Ahmad Ali Khan And ORS
910-wp-11382-2025 with connected.doc Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11382 OF 2025 SHABNOOR AYUB PATHAN Shivkrupa Sahakari Patpedhi Ltd & Anr.
... Petitioners V/s.
Adam Ali Ahmad Ali Khan & Ors.
... Respondents SHABNOOR AYUB PATHAN Date: 2025.12.16 15:49:47 +0530 WITH CONTEMPT PETITION NO.192 OF 2025 Adam Ali Ahmad Ali Khan & Ors.
... Petitioners V/s.
Shivkrupa Sahakari Patpedhi Ltd & Anr.
... Respondents Mr. Kirit Hakani a/w Mr. Rahul Hakani, Ms. Niyati Hakani, Ms. Pratishtha Shukla, Priyanka Singh, for the Petitioner in WP and for Respondent Nos.1 & 2 in CP. Mr.Mangesh M. Patil, for Petitioner in CP and for Respondent No.2 in WP.
S. D. Chipade, AGP, for the State - Respondent.
CORAM
: AMIT BORKAR, J.
DATED : DECEMBER 16, 2025 P.C.:
WRIT PETITION NO.11382 OF 2025 1.
In view of the judgment of this Court in Amit Prakash Jori & Anr. v. State of Maharashtra & Ors. (Writ Petition No. 1331 of 2025, decided on 4 February 2025), the order passed by the Chief Judicial Magistrate in exercise of powers under Rule 107(d-1)(vi)
910-wp-11382-2025 with connected.doc of the Maharashtra Cooperative Societies Rules, 1961 cannot be construed as a quasi-judicial order. Therefore, a revision application against such an order is not maintainable. The petitioners, however, would be at liberty to avail of such other remedies as may be available to them in accordance with law. 2.
In the aforesaid circumstances, keeping all questions relating to the merits of the petitioners claim expressly open to be agitated in appropriate proceedings, the present petition deserves to be allowed.
3.
Accordingly, the impugned order dated 15 May 2024 passed by the Revisional Authority is hereby quashed and set aside. 4.
It is, however, clarified that Petitioner No. 1 shall be at liberty to adopt such remedies as are permissible in law. CONTEMPT PETITION NO.192 OF 2025 5.
In view of the aforesaid order, the contempt petition does not survive, and the same is disposed of accordingly. (AMIT BORKAR, J.)