Disposed

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

Bombay HC11 Jul 2014WP/9752/2012

Case brief

AI extract

What is this about?

Petitioner sought writ directions for refund of excess amounts collected under Rule 53A. Court observed that an efficacious alternate remedy exists under Section 91 of the Maharashtra Co-operative Societies Act, 1960, and disposed of the petition without deciding merits.

What did the court decide?

None granted; petition disposed of without adjudicating merits.

Shri. Hanuman Co-Op. Credit Society Ltd, through… — Cooperative Societies | Bombay HC (2014)

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13.WPNo.97522012

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE

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WRIT PETITION NO. 9752 OF 2012

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Shri.Hanuman Co.Op. Credit Society Ltd. ... Petitioner vs. Pune Zilla Dekharekh Sahakari Sanstha Maryadit & Ors. ... Respondents

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Mr.M.S.Karnik i/by Mr.S.S.Salunkhe, Advocate for the Petitioner. Mr.G.S.Godbole i/by S.S.Kanetkar, Advocate for the Respondent No.1. Ms.J.B.Kurup, 'B' Panel, A.G.P. for Respondent Nos.2 to 4.

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

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P.C.

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The petitioner seeks following reliefs :

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(a) This Hon'ble Court be pleased to issue writ of mandamus or any other appropriate writ, order or direction directing the Respondents to charge/demand the joint expenditure charge as per the Rule 53A of Maharashtra Co-Operative Societies Rule 1961 and also be further directed to refund the said amount which is illegally collected from the Petitioner.

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The learned counsel for the petitioner submits that excess amount has been recovered towards Contribution to Co-operative State Cadre Employees Fund under section 59A and Rule 53 A of the Cooperative Act and the Rules, respectively.

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Affidavit-in-reply filed by A.G.P. on behalf of respondent No.2Assistant Registrar, Co-operative Societies Daund, Tal.Daund, Dist.Pune

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Gaikwad RD

13.WPNo.97522012

is placed on record. In Para.7 it has been submitted that the petitioner has a remedy to file a dispute u/s. 91 of the Maharashtra Co-operative Societies Act, 1960.

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The learned counsel appearing for respondent No.1 submits that the petitioner has approached this Court at a highly belated stage. The respondent No.1 disputes the monetary claim made by the petitioner.

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Without entering in to the merits of the monetary claim, made by the petitioner, of alleged excess recovery towards the above stated Fund, we observe that the petitioner, if aggrieved, may resort to alternate remedy which, in our view, is efficacious in nature. With these observations, the petition is disposed of. All contentious issues on merits raised by the contesting parties are kept open.

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(RAVINDRA V.GHUGE,J.)

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(NARESH .H.PATIL, J.)

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2/2

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Gaikwad RD

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

Case brief

What is this about?

What did the court decide?

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

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