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Bombay High Court

GULAB JETHANAND CHAWALAversusTHE LIQUIDATOR/ BOARD OF LIQUIDATOR THE BHUSAWAL PEOPLES COOPERATIVE BANK LTD AND OTHERS

Disposal
DISPOSED OFF

Holding

Leave was granted to the petitioner to withdraw the writ petition and file a revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960.

Summary

The petitioner, Gulab Jethanand Chawala, filed a writ petition before the Bombay High Court, Aurangabad Bench, seeking permission to withdraw the petition and instead pursue a revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960. The petitioners argued that a revision would be a more appropriate remedy for the grievances against the liquidator and the Bhusawal Peoples Cooperative Bank. The court examined whether the petitioner could be allowed to withdraw the writ and the procedural implications of filing a revision, including the consideration of any delay in prosecution. The bench held that the petitioner may be granted liberty to withdraw the writ and file a revision, subject to the Revisional Authority’s discretion to condone any delay. Consequently, the writ petition was disposed of, with liberty granted to file the revision within six weeks, and the Revisional Authority was directed to consider the delay caused. All substantive issues remain open for determination in the forthcoming revision proceeding.

Issues considered

  • Whether the petitioner may be permitted to withdraw the writ petition and file a revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960.
  • Whether any delay in prosecuting the writ petition should be taken into account when the Revisional Authority considers condonation of delay.

Legislation cited

Subjects

  • writ petition
  • revision
  • withdrawal
  • cooperative societies law
  • delay condonation
  • section 154

Judgment

2026:BHC-AUG:4599
              Dilwale                                         1                   42-WP-6804-17.odt




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                              42 WRIT PETITION NO. 6804 OF 2017
                                     Gulab Jethanand Chawala
                                              VERSUS
              The Liquidator/ Board Of Liquidator The Bhusawal Peoples Cooperative
                                       Bank Ltd And Others
                                                   ...
             Advocate for the Petitioner : Mr. P. S. Mehta & Mr. A. S. Dhanuka h/f Mr.
             Amol Gandhi.
             Advocate for Respondent Nos.1 & 2 : Mr. Dhananjay Thoke
                                                   ...
                                   CORAM          : SIDDHESHWAR S. THOMBRE, J.
                                        DATE          : 02.02.2026

             PER COURT :
             1.         Heard the learned counsel for the respective parties.

             2.         The learned counsel for the petitioners seeks leave to withdraw the

             present writ petition with liberty to file a Revision under Section 154 of

             the Maharashtra Co-operative Societies Act.1960.

             3.         Leave granted with liberty as prayed for. The writ petition stands

             disposed of with liberty to the petitioner to file the Revision within a

             period of six weeks from today.

             4.         The Revisional Authority shall consider the delay caused in

             prosecuting the present writ petition while considering an application for

             condonation for delay.

             5.         The writ petition is disposed of. All issues are kept open.


                                                           [ SIDDHESHWAR S. THOMBRE ]
                                                                     JUDGE


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