Allowed

Jamilkhan Karimkhan, Nanded v. the Workers Co-Operative Society Ltd., Nanded and Others

Bombay HC14 Jul 2015WP/4748/2014

Case brief

AI extract

What is this about?

Single-judge High Court of Bombay allowed writ petitions challenging orders rejecting applications for permission to prosecute civil proceedings under section 107 of the Maharashtra Co-operative Societies Act. The permission was granted in reliance on a prior judgment of the same court on the same matter.

What did the court decide?

Rule made absolute; permission granted to prosecute proceedings before the trial court.

Jamilkhan Karimkhan, Nanded Vs the Workers Co-Operative… — Cooperative Societies | Bombay HC (2015)

{1}

wp4642-14

drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

¶5

WRIT PETITION NO.4642 OF 2014

¶6

Arun s/o Babarao Mane, PETITIONER Age - 53 years, Occ - Business, R/o Somesh Colony, Mill Road, Nanded, Taluka and District - Nanded

¶7

VERSUS

¶8

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

¶9

WITH

¶10

WRIT PETITION NO.4747 OF 2014

¶11

Mohd. Ismail s/o Mohd. Farid, PETITIONER Age - 52 years, Occ - Businesss, R/o Somesh Colony, Mill Road, Nanded, Taluka and District - Nanded

¶12

VERSUS

¶13

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

¶14

{2}

¶15

wp4642-14

¶16

The District Deputy Registrar, Co-operative Societies, Nanded

¶17

The Divisional Joint Registrar, Co-operative Societies, Latur

¶18

WITH WRIT PETITION NO.4746 OF 2014

¶19

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

¶20

WITH

¶21

WRIT PETITION NO.4748 OF 2014

¶22

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

¶23

wp4642-14

¶24

{3}

¶25

Through its Liquidator, Udhav M. Basvde, Age - Major, Occ - Service R/o C/o Nanded District Central Co-operative Bank Ltd., Nanded

¶26

The District Deputy Registrar, Co-operative Societies, Nanded

¶27

The Divisional Joint Registrar, Co-operative Societies, Latur

¶28

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

¶29

[CORAM : SUNIL P. DESHMUKH, J.] DATE : 14th JULY, 2015

¶30

ORAL JUDGMENT :

¶31

Rule. Rule made returnable forthwith and heard finally with

¶32

consent of learned advocates for the parties.

¶33

These writ petitions have been moved against orders dated

¶34

31^st 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 4^th 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

¶35

{4}

¶36

wp4642-14

¶37

pointed out that during pendency of said civil proceedings, the parties were directed to maintain status quo .

¶38

During pendency of civil proceedings, the petitioners had moved the District Deputy Registrar, Co-operative Societies, Nanded under the Maharashtra Co-operative Societies Act, seeking permission pursuant to section 107 of said enactment, however, the proceedings did not bear any fruits. The petitioners then had moved revision before Divisional Joint Registrar, Cooperative Societies, Latur which was dismissed. As such, the petitioners had moved writ petition No. 8975 of 2014 before this court. Said petition has been allowed by this court on today i.e. 14^th July, 2015.

¶39

In view of the decision in writ petition No. 8975 of 2014 the writ petitions stand allowed in terms of prayer clause “B”. Rule is made absolute accordingly. It would be open for the parties to prosecute proceedings before the trial court, including for interim relief.

¶40

[SUNIL P. DESHMUKH, J.]

¶41

drp/wp4642-14

Jamilkhan Karimkhan, Nanded v. the Workers Co-Operative Society Ltd., Nanded and Others

Case brief

What is this about?

What did the court decide?

Jamilkhan Karimkhan, Nanded v. the Workers Co-Operative Society Ltd., Nanded and Others

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

Shyamrao Kesu Warkhede Vs Vasant Kesu Warkhede

Shyamrao Kesu Warkhede Vs Vasant Kesu Warkhade

Shivaji Trimbak Bodhare Vs `Pramod Anandrao Jivrag and Others

Arun Babarao Mane Vs the Workers Co-Operative Society Ltd, Nanded and Others

Abdul Razzak Imamuddin Vs the Workers Co-Operative Society Ltd., Nanded and Others

Mohd. Ismail Mohd. Farid Vs the Workers Co-Operative Society Ltd., Nanded and Others