1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10168 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 10168 OF 2010 *** 1. Heard learned counsel Mr. Thorat holding for Advocate Mr. Suryawanshi for petitioner and Shri Dheple for Respondent No.2. Nobody for Respondent No.1, though he is served. There was no appearance on 7th March, 2011 and hence last chance was given to him to appear and contest. This Court has on 26th October, 2010 while issuing notice in the matter already granted interim relief. 2. Shri Thorat points out that as per judgment of this Court dated 22nd December, 2010 in Writ Petition NO.5223 of 2010 and other connected matters the District Consumer Forum has no jurisdiction to fasten personal liability on a director of a cooperative society. He points out that said view has been followed even by this Court subsequently in number of matters and liberty has been given to consumer to recovery his amount from 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10168 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. the society. 3. Shri Dheple for Respondent NO.2 does not dispute the facts on orders passed by this Court. 4. Perusal of the order dated 6th October, 2009 passed by District Consumer Forum, Ahmednagar in Complaint No.308 of 2009 reveals that the present petitioners are found responsible for claim of Respondent No. 1 jointly and severally. Thereafter, Respondent No.1 has filed proceeding under section 27 of Consumer Protection Act for recovery and in it the notices have been issued to present petitioners. At that juncture, petitioners approached this Court. 5. In view of the judgments referred to above the impugned judgment of Consumer Dispute Forum dated 6th October, 2009 in Dispute No. 308 of 2009 is hereby quashed and set aside to the extent it permits recovery against the person or property of the 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 10168 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. petitioner directors. Respondent No.1 is free to proceed for recovery against the society in accordance with law. 6. The impugned orders/ judgment dated 6th October, 2009 is modified only to that extent. Petition is thus partly allowed. No costs. [B.P.DHARMADHIKARI, J.] Dated:22/03/2011. ans/10168