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Bombay High Court

JANAKALYAN NAGARI CO.OPERATIVE CREDIT SOCIETY THR. REPR. SAKHARAM SHRIPAD RETHAREKARversusTHE STATE OF MAHARASHTRA THR. DEPT. OF CO.OP. AND MARKETING AND ORS.

Disposal
Disposed Off

Holding

The Court allowed the withdrawal of the writ petitions and disposed of them, accepting the undertaking to defer parallel consumer commission proceedings.

Summary

The Janakalyan Nagari Co-operative Credit Society filed a series of writ petitions before the Bombay High Court seeking relief. The petitioner’s counsel requested permission to withdraw these petitions in order to pursue an appeal before the State Consumer Disputes Redressal Commission, Maharashtra. Respondent No.2, the original complainant before the District Consumer Disputes Redressal Commission, Sangli, undertook that the district proceedings would be deferred until the interim application before the State Commission is decided. The Court accepted this undertaking as sufficient to grant the withdrawal. Consequently, the Court disposed of all the writ petitions, granting the liberty sought by the petitioner. The order was signed by Justices Sharmila U. Deshmukh and Neeraj P. Dhote on 16 September 2026.

Issues considered

  • Whether a High Court may permit the withdrawal of multiple writ petitions to enable the petitioner to pursue an alternate remedy before a consumer redressal commission.
  • Whether an undertaking by the opposite party to defer parallel proceedings is sufficient to justify the withdrawal.

Subjects

  • writ petition
  • withdrawal
  • consumer dispute
  • State Consumer Disputes Redressal Commission
  • interim application
  • deferred proceedings
  • high court discretion

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 iled 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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