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Bombay High Court

JANAKALYAN NAGARI CO-OPERATIVE CREDIT SOCIETY THR ITS AUTHORIZED REPRESENTATIVE MR. VNAYAK K PHADAKEversusTHE STATE OF MAHARASHTRA

Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the writ petitions and disposed of them, granting the petitioner liberty to pursue the appeal before the State Consumer Disputes Redressal Commission.

Summary

The Janakalyan Nagari Cooperative Credit Society filed a series of writ petitions in the Bombay High Court seeking permission to withdraw those petitions and instead pursue an appeal before the State Consumer Disputes Redressal Commission, Maharashtra. The petitioner argued that the alternate remedy under the consumer redressal mechanism was more appropriate. Respondent No.2, the original complainant before the District Consumer Disputes Redressal Commission, Sangli, gave an undertaking that the district proceedings would be deferred pending the outcome of the proposed appeal. The Court accepted this undertaking and considered whether it could grant liberty to withdraw the writ petitions. Accordingly, the Court disposed of all the petitions, granting the petitioner the liberty sought to pursue the appeal before the State Commission.

Issues considered

  • Whether a High Court may permit withdrawal of multiple writ petitions in favour of an alternate remedy before a consumer redressal commission
  • Whether an undertaking by the opposite party to defer district commission proceedings suffices to allow such withdrawal

Subjects

  • writ petition
  • withdrawal
  • consumer disputes redressal commission
  • alternate remedy
  • undertaking
  • interim application
  • district consumer commission

Judgment

                                                      31-WP-375-2026.doc


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CIRCUIT BENCH AT KOLHAPUR
                     CIVIL APPELLATE JURISDICTION

                  WRIT PETITION NO. 375 OF 2026
                              WITH
                  WRIT PETITION NO. 376 OF 2026
                              WITH
                  WRIT PETITION NO. 367 OF 2026
                              WITH
                  WRIT PETITION NO. 366 OF 2026
                              WITH
                  WRIT PETITION NO. 362 OF 2026
                              WITH
                  WRIT PETITION NO. 364 OF 2026
                              WITH
                  WRIT PETITION NO. 368 OF 2026
                              WITH
                  WRIT PETITION NO. 363 OF 2026
                              WITH
                  WRIT PETITION NO. 365 OF 2026
                              WITH
                  WRIT PETITION NO. 374 OF 2026
                              WITH
                 WRIT PETITION (ST) NO. 552 OF 2026
                              WITH
                 WRIT PETITION (ST) NO. 557 OF 2026
                              WITH
                  WRIT PETITION NO. 531 OF 2026
                              WITH
                  WRIT PETITION NO. 530 OF 2026
                              WITH
                 WRIT PETITION (ST) NO. 560 OF 2026
                              WITH
                  WRIT PETITION NO. 532 OF 2026
                              WITH
                  WRIT PETITION NO. 528 OF 2026
                              WITH


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                                                               31-WP-375-2026.doc


                   WRIT PETITION NO. 529 OF 2026
                               WITH
                  WRIT PETITION (ST) NO. 564 OF 2026
                               WITH
                   WRIT PETITION NO. 534 OF 2026
                               WITH
                   WRIT PETITION NO. 536 OF 2026
                               WITH
                   WRIT PETITION NO. 1308 OF 2026
                               WITH
                   WRIT PETITION NO. 1309 OF 2026
                               WITH
                   WRIT PETITION NO. 1310 OF 2026

Janakalyan Nagari Co.operative
Credit Society                                ...Petitioner.
        Versus
The State of Maharashtra and Others           ...Respondents.

                                ——————
Mr. Vishwajeet Mohite with Mr. Ketan Joshi & Mr. Vikram Kulkarni, for the
Petitioner.
Ms. Tejas J. Kapre, AGP for the Respondents-State.
Mr. Tejpal Ingale with Ms. Radhali Kadam & Mr. Ulhas Chpire, for the Respondent
No.2.
Mr. Madhav Yashwant Tamhankar, for the Respondent No.4.
                                ——————
                                  Coram :     Sharmila U. Deshmukh &
                                              Neeraj P. Dhote, JJ.
                                  Date      : September 16, 2026.
P. C. :

1.        The learned counsel appearing for the Petitioner seeks

permission to withdraw the petitions to avail the alternate remedy of

appeal before the State Consumer Disputes Redressal Commission,

Maharashtra (‘State Commission’). The learned counsel appearing for



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                                                                                   31-WP-375-2026.doc


                        the Respondent No.2-the original complainant before the District

                        Consumer Disputes Redressal Commission, Sangli makes a statement

                        that till the interim application proposed to be filed by the Petitioner-

                        Bank before the State Commission, Mumbai in the proposed Appeal is

                        decided, the proceedings before the District Consumer Disputes

                        Redressal Commission, Sangli will be deferred. The statement made is

                        accepted as an undertaking given to this Court.

                        2.      In light of the above, the Petitions are disposed of, with liberty as

                        prayed for.



                         [Neeraj P. Dhote, J.]                        [Sharmila U. Deshmukh, J.]

           Digitally
           signed by
           RAJU
RAJU       DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD    Date:
           2026.09.16
           20:12:55
           +0530




                        Gaikwad RD                         3 of 3


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