Krishnakumar Karsandas Ashar v. Asha Nabar And ORS

1-wp-17397-2025 with ia.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17397 OF 2025 Krishnakumar Karsandas Ashar ... Petitioner V/s.

Asha Nabar & Ors.

... Respondents Digitally signed by SHABNOOR AYUB PATHAN Date:

2026.04.27 16:54:19 +0530 SHABNOOR AYUB PATHAN WITH INTERIM APPLICATION NO.2294 OF 2026 IN WRIT PETITION NO.17397 OF 2025 Krishnakumar Karsandas Ashar ... Applicant In the matter between:

Krishnakumar Karsandas Ashar ... Petitioner V/s.

Asha Nabar & Ors.

... Respondents Mr. Atul Damle, Sr. Advocate a/w Ganesh Singh i/b Shaymrishi Pathak, for the Petitioner & for Applicant in IA.

Mr. A. Y. Sakhare, Sr. Advocate i/b Mr. Rohan Mirpury, for Respondent Nos. 1 and 2.

Dr. Dhruti Kapadia, AGP, for the State - Respondent No.2.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 27, 2026 P.C.:

1.

The impugned order has been passed by the Appellate Authority in exercise of powers under Section 154 of the Maharashtra Co-operative Societies Act, 1960. In view of the law laid down by the Full Bench of this Court in Shireen Sami Ghadiali

1-wp-17397-2025 with ia.doc & Ors. v. Spenta Co-operative Housing Society Ltd., reported in 2011 (3) Mah LJ 486, wherein laid down the principles on when an alternative remedy should be followed, and it has been observed that an efficacious statutory remedy of revision is available to the petitioner.

2.

In view thereof, the petitioner is at liberty to avail the remedy of filing a revision before the Revisional Authority in accordance with law. Accordingly, the present writ petition is disposed of with liberty as aforesaid.

3.

In view of disposal of the writ petition, the interim application does not survive and the same stands disposed of. (AMIT BORKAR, J.)