Advocates:
['KULKARNI GIRISH N MARDIKAR', '', 'G N KULKARNI', 'COPY SERVED ON GP', '', 'B N PATIL', 'G P', 'R/ SERVED', 'V S KHAIRNAR AND S D KARKARE', 'TOPE SAMBHAJI S', 'for R No &']

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FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGBAD.

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Office notes, office Memoranda of

|

coram, appearance, court’s orders

|Court’s or Judge’s orders.

or directions and Registrar’ orders|

WRIT PETITION NO.7542/2009

...

Shri Jedhe,Adv.for petr.

Shri V.S.Khairnar,Adv.for R.5.

Shri D.R.Kale,AGP for State.

...

CORAM : R.K.DESHPANDE,J.

DATE : 19/7/2010.

1]

This Writ Petition challenges the

order dated 6/6/2009 passed in Revision

Application No.28/08 filed by the

petitioner under Section 154 of the

Maharashtra Cooperative Societies Act,

1960. The notice of attachment was the

subject matter of revision before the

Divisional Joint Registrar, Cooperative

Societies, Aurangabad. The same has

been dismissed and therefore, the

revision petitioner is before this Court.

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2]

The learned counsel for the

respondent raised a preliminary objection

as to existence of any such remedy to

challenge the order passed in Revision

or even how order of attachment under

Rule 107 of the Maharashtra

Cooperative Societies Rules,1961 by

filing a Suit as contemplated in Rule

107(19)(c)

of

the

Maharashtra

Cooperative Societies Rules, 1961. In

support of his contention, he has relied

upon decision of this Court reported in

2002(2) Mh.L.J.948 in the case of Sangli

Sahakari Bank Ltd. Bombay V/s

Divisional Joint Registrar, Bombay and

others, wherein it has been held that the

right to file suit under Rule 107(19)(c) is

available even if parties seek recourse to

remedy of revision under Section 154 of

the Maharashtra Cooperative Societies

Act, 1960 and after disposal of revision

and also without invoking revisional

jurisdiction. In view of this, there an

alternate statutory remedy available to

the petitioner. Hence, instant Writ

Petition is liable to be dismissed on this

ground.

3]

In the result, Writ Petition is

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dismissed. No order as to costs.The

petitioner shall be at liberty to avail the

alternate available remedy. It is made

clear that this Court has not made any

observation on merits of this Petition.

(R.K.DESHPANDE)

JUDGE

umg/wp7542-09

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