Dismissed

The Kolhapur Urban Co-Op. Bank Ltd. Kolhapur, through Shri. Madhav Anantrao Chavan and Ors. v. Rajshree Construction, through Proprietor, Shri. Nilkant Namdeo Shinde and Ors.

Bombay HC11 Jul 2014WP/11534/2012

Case brief

AI extract

What is this about?

A writ petition seeking direction for salary deduction under the Maharashtra Co-operative Societies Act. The High Court noted the availability of alternate remedies and declined to exercise writ jurisdiction, disposing of the petition.

What did the court decide?

Writ jurisdiction declined; petition disposed of directing petitioner to resort to alternate remedy.

The Kolhapur Urban Co-Op. Bank Ltd. Kolhapur, through… — Banking and Recovery | Bombay HC (2014)

¶1

904.WPNo.115342012

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE

¶3

WRIT PETITION NO. 11534 OF 2012

¶4

The Kolhapur Urban Co-operative Bank Ltd. Kolhapur & Anr. ... Petitioners vs. Rajshree Construction Through its Proprietor & Ors. ... Respondents

¶5

Mr.Manoj A. Patil, Advocate for the Petitioners. Mr.Swapnil R. Patil i/by Mr.S.V.Sadavarte, Advocate for the Respondent Nos.1 and 2.

¶6

Mr.S.R.Ganbavale, Advocate for Respondent No.3. Mrs.J.B.Kurup, 'B' Panel, A.G.P. for State/Respondent No.4.

¶7

.... CORAM :NARESH H.PATIL and RAVINDRA V.GHUGE, JJ. DATED :11TH JULY, 2014

¶8

P.C.

¶9

Heard.

¶10

The petitioner through this petition seeks a direction to respondent No.3-Principal to implement the order passed by respondent No.4Divisional Joint Director, Education, Kolhapur and deduction of amount of Rs.7,000/- per month from the salary of respondent No.2.

¶11

The learned counsel for the petitioner submits that in accordance with the provisions of Section 156 of the Maharashtra Co-operative Societies Act, 1960 and Rule 107 of Maharashtra Co-operative Societies Rule, 1961, the petitioner is entitled to seek recovery from the respondent No.2 through the respondent No.3.

1/2

Gaikwad RD

904.WPNo.115342012

The learned counsel appearing for respondent No.3. submits that in view of the objection raised by respondent No.3, petitioner shall resort to appropriate alternate proceedings as contemplated under the law.

¶16

The learned A.G.P. has placed on record written communication of Divisional Joint Director, Higher Education, Kolhapur Division, Kolhapur dated 10/07/2014. It is taken on record and marked as 'X' for identification. In the facts of the case, the petitioner may resort to alternate remedy available in law. We are not inclined to exercise our writ jurisdiction in this matter. The petition is disposed of.

¶17

(RAVINDRA V.GHUGE,J.)

¶18

(NARESH .H.PATIL, J.)

¶19

2/2

¶20

Gaikwad RD

The Kolhapur Urban Co-Op. Bank Ltd. Kolhapur, through Shri. Madhav Anantrao Chavan and Ors. v. Rajshree Construction, through Proprietor, Shri. Nilkant Namdeo Shinde and Ors.

Case brief

What is this about?

What did the court decide?

The Kolhapur Urban Co-Op. Bank Ltd. Kolhapur, through Shri. Madhav Anantrao Chavan and Ors. v. Rajshree Construction, through Proprietor, Shri. Nilkant Namdeo Shinde and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Urmila Chandrakant Gaikwad Vs Chairman and Managing Director, Bank of Baroda and Ors.

Dattatraya Sukdeo Chitte Vs the State of Maharashtra and Ors.

Baban S/O Sheshrao Waghmare. Vs District and Session Judge, Yawatmal and Ors.

The Kolhapur Urban Co-Op. Bank Ltd. Kolhapur, through Shri. Madhav Anantrao Chavan and Ors. Vs Rajshree Construction, through Proprietor, Shri. Nilkant Namdeo Shinde and Ors.

Suhas K. Malkar Vs State of Maharashtra, through Principal Secretary Industries, Energy and Labour Dept and Anr.

Shri. Hanuman Co-Op. Credit Society Ltd, through Chairman, Subhash Raghunath Mandhare Vs Pune Zilla Dekharekh Sahakari Sanstha Maryadit and Ors.