Bench disposed multiple writ petitions challenging a circular regarding loan dues. The impugned circular was rendered inoperative by a subsequent circular cancelling the earlier order, leaving no matter for consideration.
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.
(17)WP-11163-17.doc
rkmore
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11163 OF 2017
State Transport Employees Cooperative Credit Society Ltd. ] ..Petitioner.
v.
The State of Maharashtra & Ors. ]..Respondents.
WITH
WRIT PETITION NO.10986 OF 2017
State Transport Employees Cooperative Credit Society Ltd. ] ..Petitioner.
v.
Maharashtra State Transport Corporation & Ors. ]..Respondents.
WITH
WRIT PETITION NO.10987 OF 2017
State Transport Cooperative Credit Society Ltd. ] ..Petitioner. v.
Maharashtra State Transport Corporation & Ors. ]..Respondents.
WITH
WRIT PETITION NO.10989 OF 2017
Ratnagiri Vibag S.T. Karmachari Sahakari Patsanstha Maryadit, Ratnagiri ] ..Petitioner.
v.
Maharashtra State Transport Corporation & Ors. ]..Respondents. WITH
WRIT PETITION NO.10990 OF 2017 S.T.Kamgar Sahakari Sanstha Ltd., Sangli ] ..Petitioner.
v.
Maharashtra State Transport Corporation & Ors. ]..Respondents.
1/3
(17)WP-11163-17.doc
WITH
WRIT PETITION NO.10993 OF 2017
Maharashtra Rajya Parivahan Mahamandal ] ..Petitioner. Sevakanchi Sahakari Patsanstha Ltd.
v.
The Financial Adviser & Chief Accounts Officer & Ors. ]..Respondents.
WITH
WRIT PETITION NO.11045 OF 2017
Maharashtra S.T. Kamgar Sahakari Pat Sanstha ] Maryadit Chandgad ] ..Petitioner. v. Maharashtra State Transport Corporation & Ors. ]..Respondents.
Mr.R.S.Ghadge i/by A.S. Desai for the Petitioner. Mr.Yashodeep Deshmukh, for the Respondent-MSRTC. Mr. Gopal K.S. Hegde alongwith C.M.Lokesh and Ms.P.M. Bansal for CIDCO. Mr.A.P.Vanarase, AGP for the State.
CORAM : INDRAJIT MAHANTY & A.M. BADAR, JJ. DATE : 15th MARCH, 2019.
P.C.
2] Challenge in the batch of these Writ Petitions has been made to a circular issued by the State Road Transport Corporation under Exhibit B
2/3
(17)WP-11163-17.doc
dated 16th September, 2017 on page 19. Mr.Deshmukh, learned counsel appearing for the Maharashtra State Road Transport Corporation today bring to our notice a subsequent circular dated 8/9th February, 2018. In terms of this circular, all earlier circulars including the circular at Exhibit B as noted hereinabove have been cancelled and or withdrawn, and a fresh guideline has been issued, permitting the employees to obtain loans from Cooperative Credit Society and also indicating to consider the earlier practice of permitting dues of members who have sought for loans from Credit Society and to remit their dues directly to the Credit Society, subject to conditions imposed in the said circular.
3] In view of aforesaid situation, the impugned notification dated 16th September, 2017 under Exhibit B no longer survives. Accordingly, all these Writ Petitions stand disposed off as nothing remains for consideration. However, we make it clear that , if any other Petitioner/s is/are aggrieved by the fresh circular, they are at liberty to challenge the same on any such ground that may be advised.
4] In all the connected matters, the impugned notification is filed at different exhibit numbers and on different pages. The impugned notification is no longer in force in view of the subsequent notification, as stated hereinabove.
(A.M. BADAR, J) (INDRAJIT MAHANTY, J)
3/3
State Transport Employees Cooperative Credit Society Ltd.
State of Maharashtra
Maharashtra State Transport Corporation
Indrajit Mahanty
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
