A preliminary objection regarding maintainability was taken by the respondent's counsel citing an alternative remedy under the Maharashtra Educational Institutions (Management) Act, 1976. The petitioner agreed to pursue that remedy and withdrew the petition.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL WRIT PETITION NO.5538 OF 2011
Sushant Memorial Education Scty & ors .. Petitioners
versus
1.Shri Samarth Education Scty & ors ..Respondents
Mr.Dilip Bodake for Petitioner.
Mr.C.R.Sonawane A.G.P. for Respondent nos.3 and 4
Mr.Vishwanath Talkute for Respondent no.1
Mr.Vaibhav Gaikwad for Respondent no.2
CORAM : A.M.KHANWILKAR &
N.M.JAMDAR, JJ
DATED:2nd February, 2012
P.C.
A preliminary objection regarding maintainability of
this Petition is taken by counsel appearing for the
Respondent no.1. He submits that Petitioner has an
alternative remedy provided under the Maharashtra
Educational Institutions (Management) Act,1976. For that
reason, this Court should be loath in exercising its Writ
Jurisdiction. In deference to this objection, counsel for
the Petitioner submits that in that case, the Petitioner
will pursue the alternative remedy under the Act of 1976.
Accordingly, this Petition is allowed to be withdrawn
with liberty to the petitioner to pursue other remedy which
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will have to be decided on its own merits in accordance
with law.
(N.M.JAMDAR,J). (A.M.KHANWILKAR, J)
Sushant Memorial Education Scty & ors
1.Shri Samarth Education Scty & ors
A.M.KHANWILKAR
N.M.JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court