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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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