Single judge allowed four writ petitions challenging rejection of applications for prosecution of civil suits. Court distinguished pending litigation from status quo orders, allowing parties to institute proceedings.
Writ petitions allowed; rule made absolute; party may prosecute civil proceedings.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.4642 OF 2014
Arun s/o Babarao Mane, PETITIONER Age - 53 years, Occ - Business, R/o Somesh Colony, Mill Road, Nanded, Taluka and District - Nanded
VERSUS
WITH
WRIT PETITION NO.4747 OF 2014
Mohd. Ismail s/o Mohd. Farid, PETITIONER Age - 52 years, Occ - Businesss, R/o Somesh Colony, Mill Road, Nanded, Taluka and District - Nanded
VERSUS
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WITH WRIT PETITION NO.4746 OF 2014
Abdul Razzak s/o Imamuddin PETITIONER Age - 74 years, Occ - Business, R/o Khadakpur, Nanded Taluka and District - Nanded VERSUS 1. The Worker's Co-operative Society Ltd., RESPONDENTS Through its Liquidator, Udhav M. Basvde, Age - Major, Occ - Service R/o C/o Nanded District Central Co-operative Bank Ltd., Nanded 2. The District Deputy Registrar, Co-operative Societies, Nanded 3. The Divisional Joint Registrar, Co-operative Societies, Latur
WITH
WRIT PETITION NO.4748 OF 2014
Jamilkhan Karimkhan PETITIONERS Age - 47 years, Occ - Business R/o Khadakpura, Nanded, Taluka and District - Nanded VERSUS 1. The Worker's Co-operative Society Ltd., RESPONDENTS
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Through its Liquidator, Udhav M. Basvde, Age - Major, Occ - Service R/o C/o Nanded District Central Co-operative Bank Ltd., Nanded
Mr. Mrigesh D. Narwadkar, Advocate for the petitioners Mr. K. J. Suryawanshi, Advocate for respondent No.1 Mr. S. P. Daund, AGP for respondent State
[CORAM : SUNIL P. DESHMUKH, J.] DATE : 14th JULY, 2015
ORAL JUDGMENT :
consent of learned advocates for the parties.
31st January, 2014 rejecting applications Exhibit-25 in Regular Civil Suit No. 49 of 2014 and Exhibit-24 in Regular Civil Suits No. 50 of 2014, 52 of 2014 and 51 of 2014 pending before 4th Civil Judge, Junior Division, Nanded seeking adjournment / time in order to enable the petitioners to obtain permission pursuant to section 107 of the Maharashtra Co-operative Societies Act, to prosecute proceedings pending before civil court. It is further
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pointed out that during pendency of said civil proceedings, the parties were directed to maintain status quo .
[SUNIL P. DESHMUKH, J.]
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2 issues framed by the court
Whether respondents are required to grant permission for prosecution of civil proceedings pending conviction.
Whether status quo order issued during pendency of civil suits interferes with filing present writ petitions.
Colour shows how this judgement treated each authority
No. 8975 of 2014Relied on¶3
1 provisions across 1 enactments
Arun s/o Babarao Mane
Mohd. Ismail s/o Mohd. Farid
Abdul Razzak s/o Imamuddin
Jamilkhan Karimkhan
The Worker's Co-operative Society Ltd.
The District Deputy Registrar, Co-operative Societies, Nanded
SUNIL P. DESHMUKH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
