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2011 Supreme(Bom) 1330

G.S.GODBOLE
Modern Anitasha Electonics – Appellant
Versus
The Cosmos Co-operative Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioner:R.M. Haridas, Advocate.
For the Respondents:R1, Siddharth Karpe, Advocate.

JUDGMENT:

1. This Petition challenges an order passed under the Multi State Corporative Societies Act which is a Central Enactment which is not specifically referred to in sub Rules 1 to 43 of Rule 18 of the Bombay High Court Appellate Side Rules, 1960. (hereinafter called as B.H.C.A.S. Rules, 1960 for short) Though I am proceeding to hear the Writ Petition on merit since a question of law of importance as to whether the Writ Petition filed for challenging orders passed by the Judicial or Quasi Judicial Authorities other than those mentioned in the Sub-Rules (1), (2) and 4 to 43 of Chapter 17, Rule 18 of the Bombay High Court Appellate Side Rules, 1960, crops up for consideration repeatedly and since, apparently there is no authoritative pronouncement on this issue, I deem it fit to decide the said issue.

2. Pursuant to my earlier order dated 8.11.2011, Mr. Haridas, learned Advocate for the Petitioners has circulated a compilation of three Judgments which he seeks to rely upon and it is necessary to deal with those three Judgments very briefly. However, it is necessary to note the relevant Rules from the B.H.C.A.S. Rules, 1960.

3. A] Rule 1 of Chapter 1 of the Rules reads thus:





























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