Petitioners filed writ petitions challenging acts of a Co-operative Bank. The High Court held that a civil suit is the appropriate remedy and dismissed the writs, deleting the petitions.
Petitioners granted liberty to take civil suit; writ petitions disposed of.
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.
1 wp4723.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR.
WRIT PETITION NO.4723 OF 2017
(Ashok s/o Janardan Nanadekar ..vs.. Chairman, The Chandrapur District Central Cooperative Bank Ltd., Chandrapur and others)
WITH
WRIT PETITION NO.4724 OF 2017
(Maroti s/o Vithoba Pote ..vs.. Chairman, The Chandrapur District Central Cooperative Bank Ltd., Chandrapur and others)
WITH
WRIT PETITION NO.4725 OF 2017
(Rajendra s/o Wamanrao Siraskar ..vs.. Chairman, The Chandrapur District Central Cooperative Bank Ltd., Chandrapur and others)
WITH
WRIT PETITION NO.4726 OF 2017
(Pramod Kisanrao Raut..vs.. Chairman, The Chandrapur District Central Cooperative Bank Ltd., Chandrapur and others)
WITH
WRIT PETITION NO. 4727 OF 2017
(Anil s/o Bhaurao More ..vs.. Chairman, The Chandrapur District Central Cooperative Bank Ltd.,
Chandrapur and others)
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Court's or Judge's orders
Shri V.D. Raut, Advocate for the petitioners,
Shri A.V. Palshikar, AGP for respondent No.3.
CORAM : B.P. DHARMADHIKARI AND ROHIT B. DEO, JJ.
DATED : 21-07-2017
Writ is sought against a Co-operative Society. Respondent No.1 is Chairman of the Co-operative Society. Respondent No.2 is Chairman of Staff Committee. Society Bank as such is not joined as respondent.
Perusal of judgment in the case of Maharashtra State Cooperative Housing Finance Corporation Ltd. v.
2 wp4723.17
Prabhakar Sitaram Bhadange reported at AIR 2017 SC 1647 shows that remedy of filing civil suit is available to the petitioners.
In this situation, as writ cannot be issued to a Co-operative Society, with liberty to the petitioners to take such other steps as are available in law, we dispose of the petitions.
JUDGE JUDGE
adgokar
1 issue framed by the court
Whether a writ can be issued against a Co-operative Society to grant relief to the petitioners.
Colour shows how this judgement treated each authority
Maharashtra State Cooperative Housing Finance Corporation Ltd. v. Prabhakar Sitaram Bhadange AIR 2017 SC 1647Referred¶27
Ashok s/o Janardan Nanadekar
Maroti s/o Vithoba Pote
Rajendra s/o Wamanrao Siraskar
Pramod Kisanrao Raut
Anil s/o Bhaurao More
Chairman, The Chandrapur District Central Cooperative Bank Ltd.
B.P. DHARMADHIKARI
ROHIT B. DEO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
