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Bombay High Court

DHULE NANDURBAR DISTRICT CENTRAL CO OPERATIVE BANK LTD DHULE THROUGH ITS CHAIRMAN R R KADAMBANDEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The writ petition is not maintainable because the petitioner has an alternative and efficacious remedy of filing a revision under Section 154 of the Maharashtra Co-operative Societies Act.

Summary

The Dhule Nandurbar District Central Co-operative Bank Ltd, through its chairman, filed a writ petition challenging an order dated 08.03.2016 issued by the Divisional Joint Registrar, Co-operative Societies, Nashik under Section 81(3)(b) of the Maharashtra Co-operative Societies Act, 1960. The petitioner argued that the order was erroneous and sought relief from the High Court. The Court observed that the petitioner had an alternative and efficacious remedy available in the form of a revision petition under Section 154 of the same Act. Consequently, the Court declined to entertain the writ petition and directed the petitioner to file a revision within six weeks. The Court also noted that any delay incurred in prosecuting the writ petition would be considered by the revisional authority when deciding on condonation of delay. The writ petition was therefore disposed of.

Issues considered

  • Whether the writ petition challenging the order under Section 81(3)(b) is maintainable when a revision remedy under Section 154 is available.

Legislation cited

Subjects

  • writ petition
  • co-operative societies
  • revision
  • Section 81
  • Section 154
  • alternative remedy
  • jurisdiction

Judgment

2026:BHC-AUG:10131
                                                 1                        38 WP 4648-2016.odt




                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                                38 WRIT PETITION NO. 4648 OF 2016

              DHULE NANDURBAR DISTRICT CENTRAL CO OPERATIVE BANK LTD
                   DHULE THROUGH ITS CHAIRMAN R R KADAMBANDE
                                     VERSUS
                      THE STATE OF MAHARASHTRA AND OTHERS

                                                  …
             Mr. Mehul P. Kulkarni h/f. Mr. A.S. Sawant – Advocate for Petitioner
             Mr. B.A. Shinde – AGP for Respondent Nos.1 to 3, State
                                                  …

                                    CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                    DATE          : 09.03.2026

             PER COURT :
             1.      Heard learned Counsel for the petitioner and learned A.G.P. for the

             respondents, State authorities.


             2.      By way of the present petition, the petitioner challenges the order

             dated 08.03.2016 passed by the Divisional Joint Registrar, Co-operative

             Societies, Nashik, under Section 81(3)(b) of the Maharashtra Co-

             operative Societies Act, 1960.


             3.      Considering the challenge raised in the present petition, it is

             evident that the petitioner has an alternate and efficacious remedy

             available to it by way of filing a revision under Section 154 of the

             Maharashtra Co-operative Societies Act, 1960.
                                      2                          38 WP 4648-2016.odt


4.       In view of the above, I am not inclined to entertain the present

petition. The petitioner is at liberty to file a revision before the

appropriate authority within a period of six (6) weeks from today.


5.       The period spent in prosecuting the present petition shall be taken

into consideration by the revisional authority while deciding the

application for condonation of delay.


6.       The Writ Petition is disposed of in above terms.


7.       Pending Civil Applications, if any, also stand disposed of.




                                            [ SIDDHESHWAR S. THOMBRE ]
                                                      JUDGE


Pooja Kale/


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