Bombay High Court

VIJAYA PRALHAD SHIMPIversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF
Bench: KISHORE C SANT AJIT B KADETHANKAR

Holding

The petition is dismissed as the liquidator is the appropriate authority to consider the relief sought.

Summary

The petitioner, Vijaya Pralhad Shimpi, filed a writ petition seeking a mandamus directing the State of Maharashtra and other authorities to enforce an order of the District Consumer Forum, Dhule, against Credit Co-operative Society No.4. The petition alleged that the authorities had failed to act on the consumer forum's decree. The Court noted that a liquidator had been appointed for the Credit Co-operative Society, and that any recovery or enforcement matters should be pursued before the liquidator. Consequently, the Court held that the writ petition was not the appropriate forum for the relief sought. The petition was therefore disposed of, with a direction that the petitioner may approach the liquidator, and any related civil applications were also dismissed.

Issues considered

Whether the High Court can issue a writ of mandamus directing authorities to enforce a consumer forum order against a credit co-operative society.
Whether the appointment of a liquidator bars the filing of a writ petition for the same relief.

Subjects

writ of mandamus
liquidator
credit cooperative society
consumer forum order
jurisdiction
civil application disposal

Judgment

                                    (1)                 902-WP-8152-2017


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                  902 WRIT PETITION NO. 8152 OF 2017

                          Vijaya Pralhad Shimpi
                                 VERSUS
                  The State Of Maharashtra And Others
                                  WITH
                CIVIL APPLICATION NO. 10983 OF 2017
                            IN WP/8152/2017
                                    ...
Mr. Vinay B. Anjanwatikar, Advocate for the Petitioner.
Mr. A. S. Shinde, AGP for Respondent-State.
Mr. Ashwin V. Hon, Advocate for respondent No.4.
Mr. Mukula Kulkarni, Advocate for applicant in CA/10983/2017.
                                    ...
                                 CORAM : KISHORE C. SANT &
                                            AJIT B. KADETHANKAR, JJ.

                                  DATE     : 25th JUNE 2026.

PC :-

1.      The prayer in this petition is for issuance of writ of mandamus to

direct the Respondent Nos. 1 to 3/authorities to take action against

Respondent No.4-Credit Co-operative Society and to take steps as per

order passed by the learned District Consumer Forum, Dhule.

2.      It is informed at bar now the Liquidator is appointed on the said

Credit Society where the petitioner can approach and seek recovery of
                                           (2)                   902-WP-8152-2017


the amount. It is for the Liquidator to consider the prayers of the

petitioner.

3.           In view of this position, petition stands disposed off.

4.           It is open for the petitioner to approach the Liquidator.

5.           In view of disposal of writ petition, Civil Applications, if any, do

not survive and same also stands disposed off.



[AJIT B. KADETHANKAR, J.]                              [KISHORE C. SANT, J.]


D.A.ETHAPE

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