Disposed

Mr. Shivaji Sambhaji Kadam v. Shrimant Babaso Galve and Ors.

Bombay HC18 Jul 2014WP/2475/2012

Case brief

AI extract

What is this about?

In a writ petition challenging a notice for inquiry, the High Court noted a dispute between management groups regarding election and authority. Finding the Chairman asserted no grievance, the Court did not entertain the petition further but kept all merit issues open for future statutory remedies.

What did the court decide?

The petition was disposed of without entertaining it further, with all merit issues kept open for appropriate statutory remedy if an adverse order is passed later.

Mr. Shivaji Sambhaji Kadam Vs Shrimant Babaso Galve… — Service and Employment | Bombay HC (2014)

¶1

9.WPNo.24752012

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE

¶3

WRIT PETITION NO. 2475 OF 2012

¶4

Mr.Shivaji Sambhaji Kadam vs.	...	Petitioner
Shrimant Babaso Galve & Ors.	...	Respondents

¶5

Mr.Anant Vadgaonkar, Advocate for the Petitioner. Ms.Suman Y. Lengare, Advocate for the Respondent No.1. Mr.P.B.Kulkarni, Advocate for the Respondent No.2. Mrs.M.S.Bane, 'B' Panel, A.G.P. for the Respondent Nos.3 and 4.

¶6

CORAM :NARESH H.PATIL & RAVINDRA V.GHUGE, JJ. DATED :18TH JULY, 2014

¶7

P.C.

¶8

Heard.

¶9

The petitioner challenges a notice issued by the President of the Management. Consequent to the issuance of said notice, Inquiry Committee was constituted. The counsel submits that there was/is internal dispute between the members of the Management. The person issuing a notice to the petitioner as the Chairman of the Society was not President of the Swami Vivekanand Shikshan & Samaj Seva Mandal. This statement is also disputed, by the other side.

¶10

The learned counsel appearing for the ManagementMr.P.B.Kulkarni submits that his client is rightfully elected Chairman of the Society and as a Chairman, he has no grievance against the petitioner.

1/2

Gaikwad RD

9.WPNo.24752012

The learned counsel appearing for the Chairman who had issued notice to the petitioner for initiating inquiry, submits that as the rightfully elected Chairman had issued notice to the petitioner, no interference is warranted by this Court in this petition. The claim made by the other side was disputed by the learned counsel of the petitioner.

¶15

The counsel appearing for the respondent has referred to the affidavit filed by Shrimant Babaso Galve.

¶16

Taking overall view of the questions raised before this Court, it appears that two groups of persons in the management have raised independent claims that they were elected to govern the administration of the Trust/School. We would not go into these disputed questions of fact. Appropriate authority is entrusted with the power to determine these issues.

¶17

In respect of grievances of the petitioner, we observe that as one of the claimants to the post of Chairman has adopted a stand that he has no grievance against the petitioner, we may not entertain the petition any further. In case the petitioner is aggrieved by any adverse order, then he may resort to appropriate statutory remedy as may be permissible in law. All issues on merits are kept open.

¶18

With the aforesaid observation petition is disposed.

¶19

(RAVINDRA V.GHUGE,J.)

¶20

(NARESH .H.PATIL, J.)

¶21

2/2

¶22

Gaikwad RD

Mr. Shivaji Sambhaji Kadam v. Shrimant Babaso Galve and Ors.

Case brief

What is this about?

What did the court decide?

Mr. Shivaji Sambhaji Kadam v. Shrimant Babaso Galve and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

V.E. Anthony Since Deceased L/R Shri v.a.Thomas Vs the Union of India and Ors.

M.M.V. Anthony and Anr. Vs Union of India and Ors.

Mr. Ratnasen Kisan Pawar Vs State of Maharashtra and Ors.

Mr. Shivaji Sambhaji Kadam Vs Shrimant Babaso Galve and Ors.

Deepak Shivaji Koli Vs State of Maharashtra, through Secretary, Tribal Development Dept and Ors.

Vishwas Pandurang Ugale Vs the Dept of Co-Operation, through Principal Secretary and Anr.