Bombay High Court
NILESH MADHAV JADHAVversusTHE SASSON HOSPITAL EMPLOYEES CO-OP CREDIT SOCIETY LTD AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The High Court held that it lacks writ jurisdiction over the cooperative society and dismissed the petition.
Summary
The petitioner, Nilesh Madhav Jadhav, filed a writ petition seeking promotion relief against The Sassoon Hospital Employees Co‑op Credit Society Ltd. and others. The High Court examined whether it had jurisdiction to entertain the petition, noting that writ jurisdiction is limited to actions of the State or its instrumentalities. Relying on precedents such as Zee Telefilms Ltd. & Anr. v. Union of India and S. Shoba v. Muthoot Finance Ltd., the Court considered whether a credit cooperative society performing loan functions could be deemed a public instrumentality. The Court also observed that the relief sought did not fall within the jurisdiction of the Co‑operative Court under Section 91 of the Maharashtra Co‑operative Societies Act, 1960. Consequently, the Court declined to exercise its writ jurisdiction and dismissed the petition, indicating that the petitioner may pursue other legal remedies.
Issues considered
- Whether the High Court has writ jurisdiction over a cooperative credit society seeking promotion relief.
- Whether a credit cooperative society, by virtue of advancing loans, qualifies as a 'public' instrumentality of the State.
- Whether the relief sought falls within the jurisdiction of the Co‑operative Court under Section 91 of the Maharashtra Co‑operative Societies Act, 1960.
Legislation cited
Subjects
- writ jurisdiction
- cooperative society
- public instrumentality
- Section 91
- Maharashtra Co-operative Societies Act
- promotion relief
- High Court
Judgment
Digitally
signed by
RUSHIKESH
RUSHIKESH VISHNU
VISHNU PATIL
PATIL Date:
2026.10.05
18:13:24
+0530 1/2 18 WP.12662.2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12662 OF 2026
Nilesh Madhav Jadhav .. Petitioner
Versus
The Sassoon Hospital Employees Co-
Op Credit Society Ltd & Ors. .. Respondents
…
Ms Manisha Devkar a/w Mr. Prashant Hagare and Ms Ekta
Patil, for the Petitioner.
Mr. Ketan Joshi, ‘B’ Panel Counsel a/w Mr. M. M. Pable, AGP,
for the Respondent-State.
...
CORAM: BHARATI DANGRE &
ASHISH S. CHAVAN, JJ.
DATE : 01st OCTOBER, 2026
P.C:-
1. When we specifically confronted the learned counsel for
the Petitioner with the legal position about our writ
jurisdiction being only permitted to be exercised if the
authority is either State or its functionality and
instrumentality, and as the law has been evolved from time to
time, particularly in Zee Telefilms Ltd. & Anr. Vs. Union of
India & Ors.1, and crystallized in S. Shoba Vs. Muthoot Finance
Ltd.2 the learned counsel for the Petitioner states that she is
aware of the legal position. In our view, it is not merely
1 (2005) 4 SCC 649
2 2025 SCC OnLine SC 177
Rushikesh
2/2 18 WP.12662.2026.odt
because loans are advanced, the nature of the functionality of
a Credit Cooperative Society becomes ‘public’ in nature.
2. We also quite see the predicament of the Petitioner who
make a grievance that the relief which is sought in the Petition
that is of granting promotion, do not lie before the Co-operative
Court under Section 91 of the Maharashtra Co-operative
Societies Act, 1960.
In any case, we are not here to advise the Petitioner, but
we can only refuse to exercise our writ jurisdiction in the wake
of the aforesaid. The Writ Petition is dismissed.
Needless to state that the Petitioner has liberty to avail
such remedies as are available to him in law.
(ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.)
Rushikesh
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