Aditi Gunjikar And ANR v. Rajshree Chsl Thr. Its Chairman / Secretary And ORS
13-wp-12068-2025 with connected.doc Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12068 OF 2025 Digitally signed by SHABNOOR AYUB PATHAN Date:
2025.10.09 17:18:47 +0530 SHABNOOR AYUB PATHAN Soniya Gunjikar & Anr.
... Petitioners V/s.
Rajshree CHSL Through Its Chairman/Secretary & Ors.
... Respondents WITH WRIT PETITION NO.12191 OF 2025 Aditi Gunjikar & Anr.
... Petitioners V/s.
Rajshree CHSL Through Its Chairman/Secretary & Ors.
... Respondents Ms. Aarti Gunjikar, petitioner in person is present. Mr. Vikrant V. Parashurami for respondent No.1. Ms. V. R. Raje, AGP for the State - respondent No.14.
CORAM
: AMIT BORKAR, J.
DATED : OCTOBER 9, 2025 P.C.:
1.
The petitioners challenge the order passed by the Authority under Section 154B-29 of the Maharashtra Cooperative Societies Act, 1960 ("the MCS Act"). The petitioner has an adequate remedy available in the form of a revision petition under Section 154 of the MCS Act.
2.
The petitioner contends that she has already undergone five remittals of the litigation. Therefore, she submitted that this Court
13-wp-12068-2025 with connected.doc ought to entertain the present petition without insisting on the exhaustion of the statutory remedy under Section 154 of the MCS Act. However, this submission cannot be accepted. 3.
The petitioner has not established any ground as contemplated by the Supreme Court in Whirlpool Corporation v. Registrar of Trademarks, Mumbai, (1998) 8 SCC 1, to bypass the statutory remedy. Consequently, the appropriate remedy for the petitioner is to approach the Revisional Authority under Section 154 of the MCS Act.
4.
It is made clear that the Revisional Authority shall consider the petitioners' submissions on merits and adjudicate the grievance without remitting the matter back to the First Authority. 5.
The Revisional Authority shall decide the revision application within six months from the date of filing of such revision application.
6.
The Writ Petitions stand disposed of in above terms. No costs.
(AMIT BORKAR, J.)