Chandrakant & Ors. v. The Chairman/Manager of Bamnod Co-operative Credit Society
Case at a glance
- Decided
- 24 Sep 2009
- Bench
- K K TATED
Outcome
Dismissed
Writ Petition is dismissed on the ground of
Provisions considered
Key paragraphs
- Para 77. Writ Petition is dismissed on the ground of mis-joinder of cause of action and alternative remedy available under Section 154 of the said Act. [ K.K. TATED, J.] sut/SEP09/wp3128.09
Judgment
Mr. P.B. Patil, Advocate for petitioners. Mr. Santosh Bhosle, Advocate holding for Mr. H.S. Bedi, Advocate for Respt. Nos.1 & 2. ... CORAM : K.K. TATED, J. DATE : 24TH SEPTEMBER, 2009. PER COURT :
Heard learned Counsel for the petitioners and learned Counsel for the respondents.
By this petition under Articles 226 and 227 2 of the Constitution of India, the petitioners are challenging the attachment order dated 11-05-2009 passed by respondent No. 2 in recovery notice Nos. 172, 175, 176, 177, 178, 181, 183 and 185.
It is the case of the petitioners that the respondents instead of attaching their agricultural land, issued recovery notices for attaching their residential premises which is against the law.
In the present Writ Petition, respondent Nos. 1 and 2 filed their affidavit in reply dated 10-06-2009 and raised objection about maintainability of Writ Petition. It is the case of the respondents that in the present Writ Petition, the petitioners challenge process of execution of 7 different recovery certificates issued under Section 101 of the Maharashtra Co- operative Societies Act, 1960 by Assistant Registrar, Yawal District Jalgaon and one 3 judgment delivered by Judge, Co-operative Court, Jalgaon in Case NO. 927/2006 dated 16-02-2008.
Learned Counsel appearing on behalf of the respondents submitted that present Writ Petition is hit by mis-joinder of causes of action. It is clear that the petitioners challenge seven different recovery certificates under Section 101 of the said Act and judgment delivered by the Judge, Co-operative Court, Jalgaon in Case No. 927/2006.
Instead of going into the merits of the present Writ Petition, present Writ Petition is liable to be dismissed on the ground of mis- joinder of cause of action. Apart from that, learned Counsel appearing on behalf of the respondents state that alternative remedy is available to the petitioners under Section 154 of the Maharashtra Co-operative Societies Act,
1960. In support of his submissions, learned Counsel appearing on behalf of the respondents relied on following judgments. 4 (1) Dilip s/o Devaji Yenorkar vs. Divisional Joint Registrar, Co-operative Societies, Nagpur and others, 2009(5) Mh.L.J. 165. (2) Sau. Vasundhara Ashokrao Patil vs. Rajaram Bapu Sahakari Bank Ltd. and others, 2003(4) Mah. L.R. 68. (3) Uttaranchal Forest Development Corpn. and another vs. Jabar Singh and others (2007) 2 Supreme Court Cases, 112.
Operative part
Writ Petition is dismissed on the ground of mis-joinder of cause of action and alternative remedy available under Section 154 of the said Act. [ K.K. TATED, J.] sut/SEP09/wp3128.09
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Writ Petition is dismissed on the ground of
Which statutory provisions did this judgment involve?
Constitution of India; Societies Act, 1960; Maharashtra Co-operative Societies Act, 1960 — s. 154.
Which court decided this case, and when?
Bombay High Court, on 24 Sep 2009. The bench was K K TATED.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.