Dismissed

Ratna Co. Op Housing Society Ltd. and Anr. v. the State of Maharashtra and Ors.

Bombay HC15 Mar 2012WP/8830/2011

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging a communication by the Deputy Registrar. The Court held that since the parties had approached the Cooperative Court regarding the matter, extraordinary writ jurisdiction should not be exercised at this stage.

What did the court decide?

The writ petition was dismissed; the decision does not affect the outcome of the dispute pending before the Cooperative Court.

Ratna Co. Op Housing Society Ltd. and Anr. Vs the… — Service and Employment | Bombay HC (2012)

¶1

1 WP 8830 of 2011

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

¶3

Writ Petition No.8830 of 2011

¶4

Ratna Co-op. Housing Society Ltd., Kanchanwadi, Aurangabad Through its Chairman, Uddhav s/o Manikrao Kendre And Another. .. Petitioners.

¶5

Versus

¶6

The State of Maharashtra

¶7

And 8 others. .. Respondents.

¶8

Shri. P.R. Katneshwarkar, Advocate, for petitioners.

¶9

Shri. S.D. Kaldate, Assistant Government Pleader, for respondent Nos.1 to 3.

¶10

Shri. C.R. Deshpande, Advocate, and Shri. A.V. Tungar, Advocate, for respondent Nos.4 to 8.

¶11

CORAM: NARESH H PATIL & T.V. NALAWADE, JJ.

¶12

DATE 15^th MARCH 2012

¶13

PER COURT :

¶14

Heard.

¶15

The petitioners and the respondent No.4 have raised conflicting claims of they being in-charge of the affairs of Ratna Cooperative Housing Society Limited,

¶16

2 WP 8830 of 2011

¶17

Kanchanwadi, Aurangabad. Prima facie, it transpires that, the litigation started from a communication dated 15^th April 2010 made by the Deputy Registrar, Cooperative Societies, Aurangabad addressed to the Chairman of Ratna Cooperative Housing Society Ltd., Kanchanwadi. The proceedings against this communication were initiated by Ratna Cooperative Housing Society Limited, Kanchanwadi through its Chairman before the Divisional Joint Registrar, Cooperative Societies, Aurangabad by filing Revision Application baring No.19 of 2011. By an order dated 20-10-2011 the Divisional Joint Registrar, Cooperative Societies, Aurangabad, rejected the revision application.

¶18

The record further reveals that Ratna Cooperative Housing Society Limited, Kanchanwadi had filed a dispute before the Cooperative Court through its Secretary - Ashok Vithalrao Kamble bearing Dispute No. 96 of 2010. An application for interim relief was filed which was rejected by passing order below Exhibit 5 by the learned Judge, Cooperative Court, Aurangabad on 16^th November 2011.

¶19

3 WP 8830 of 2011

¶20

The learned counsel Shri. Katneshwarkar, for the petitioners, in substance, submitted that the hurdle in the way of the petitioners is the communication made by the Deputy Registrar, Cooperative Societies. If this communication is set aside, the parties who are contesting the dispute could proceed further for a full fledged trial on merits of the inquiry, investigation and rival claims. The learned counsel submits that, even the Divisional Joint Registrar, Cooperative Societies, did not set aside the said communication for the reasons which were not acceptable to the petitioners. The counsel in support of his submissions places reliance on the reported judgment in Yusuf Khan Mahboob Khan v. Riazuddin Allauddin, 2001(3) Bom.C.R. 8.

¶21

Learned counsel Shri. C.R. Deshpande appearing for respondent Nos.4 to 8 submits that, the petition is misconceived. The parties have approached the competent forum, which is entitled to decide the questions of facts in Dispute No.96 of 2010 pending before the Cooperative Court. Deciding the ancillary issues in the proceedings of a writ petition would not only prejudice the

¶22

4 WP 8830 of 2011

¶23

interests of the parties but would frustrate the attempt of the parties in getting final verdict from the competent Court i.e. the Cooperative Court. The counsel further submits that in view of the disputed questions of facts the petition is not maintainable in writ jurisdiction of this Court.

¶24

We have perused the relevant material placed before us, the judgment cited supra, the prayer clauses made in the dispute before the Cooperative Court, the order passed on the interim relief application by the Cooperative Court and the observations made by the Divisional Joint Registrar, Cooperative Societies, in the order passed on 20-10-2011.

¶25

In view of the fact that, the parties have already approached the Cooperative Court by filing Dispute No.96 of 2010, all the issues could be gone into by the Cooperative Court and the parties are entitled to plead and lead evidence in respect of their claims.

¶26

5 WP 8830 of 2011

¶27

In the facts of the case we are not inclined to exercise extraordinary writ jurisdiction at this stage as the parties have resorted to statutory remedy.

¶28

The writ petition is dismissed. Dismissal of this petition shall not affect the outcome of the Dispute pending before the Cooperative Court.

¶29

Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.)

¶30

rsl

Ratna Co. Op Housing Society Ltd. and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Ratna Co. Op Housing Society Ltd. and Anr. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Jivan @ Devendra Nathu Chalase (Kasar), C.No. 8894, Nsk Road Central Prison Vs the State of Mah

Prakash @ Jaywant Wasudeo Wankhede Vs the State of Mah

The Police Inspector Chavni Ps Aurangabad and Ors. Vs Nadeem Mohd Azmatullah Razaullah

The State of Maharashtra Vs Janardhan Vishwanath Gangawane and Ors.

Kamal Shamrao Ghodake and Anr. Vs the State of Mah

The State of Mahrashtra Vs Eknath Sakharam Bhere and Ors.