1 wp2413.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2413 OF 2011 WITH CIVIL APPLICATION NO. 5285 OF 2011 1. Ashok s/o Gokuldas Aasava, Age: 50 years, Occ: Agri., R/o. Songaon, Tq. Rahuri, District Ahmednagar. 2. Shivaji s/o Yeshwant Patil Anap, Age: 52 years, Occ: Agri., R/o. Songaon, Tq. Rahuri, District Ahmednagar. 3. Sakharam s/o Gajaba Patil Antre, Age: 76 years, Occ: Agri., R/o. Songaon, Tq. Rahuri, District Ahmednagar. 4. Sattar s/o Ahamadbhai Tamboli, Age: 43 years, Occ: Agri., R/o. Songaon, Tq. Rahuri, District Ahmednagar. 5. Bhima s/o Dhondiba Gore, Age: 65 years, Occ: Agri., R/o. Songaon, Tq. Rahuri, District Ahmednagar. At present, R/o. Nimbhere, Tq. Rahuri Dist. Ahmednagar. 6. Rambhau s/o Kisan Patil Shinde, Age: 50 years, Occ: Agri., R/o. Songaon, Tq. Rahuri, District Ahmednagar. 2 wp2413.11 7. Ramnath s/o Gangadhar Patil Shinde, Age: 50 years, Occ: Agri., R/o. Songaon, Tq. Rahuri, District Ahmednagar. 8. Ravindra s/o Eknath Bhand, Age: 50 years, Occ: Agri., R/o. Satral, Post-Songaon, Tq. Rahuri, District Ahmednagar. 9. Annasaheb s/o Damodhar Jorvekar, Age: 53 years, Occ: Agri., R/o. Satral, Post-Songaon, Tq. Rahuri, District Ahmednagar. 10. Sow. Bhamabai w/o Rakhmaji Aanap, Age: 68 years, Occ: Agri,&Household, R/o.Songaon, Tq. Rahuri, District Ahmednagar. 11. Ranuji s/o Baburao Patil Kanade, Age: 52 years, Occ: Agri., R/o. Satral, Post-Songaon, Tq. Rahuri, District Ahmednagar. ...PETITIONERS VERSUS 1. The State of Maharashtra, Through Secretary, Co-operation Department, Mantralaya, Mumbai-32. 2. District Consumer Disputes Redressal Forum, Ahmednagar. 3. Smt. Sushila Vishnudas Aasawa, At Post. Songaon, Tq. Rahuri, Dist. Ahmednagar through her Power of Attorney, Sow. Babita Rajendrakumar Sikchi, Age: Major, Occ: Nil, R/o. Behind Ashok Theatre, Shrirampur, Tq. Shrirampur, District Ahmednagar. ...RESPONDENTS 3 wp2413.11 ... Mr. S.S. Shete, Advocate holding for Mr. Rajesh R. Patil, Advocate for the petitioners. Mr. V.G. Shelke, A.G.P. for respondent-State. Respondent Nos. 2 and 3 : Served. ... CORAM: S.S. SHINDE, J. DATE : 21ST NOVEMBER, 2011 ORAL JUDGMENT : Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, heard finally. 2. The petitioners have challenged the impugned order dated 28-01-2010 in C.P.A Complaint No. 443 of 2009 passed by the District Consumer Disputes Redressal Forum, Ahmednagar in this writ petition. 3. The learned Counsel appearing for the petitioners submits that the District Consumer Forum, Ahmednagar has no jurisdiction to entertain the complaint, saddling the liability in respect 4 wp2413.11 of payment of dues/damages on the members of the Managing Committee/Directors/Ex-Directors of the Co-operative Societies, as held by this Court in the case of Sau. Varsha Ravindra Isai vs. Sow. Rajashri Rajkumar Chaudhari and others in Writ Petition No. 5223 of 2009. Therefore, the Counsel for the petitioners submits that, this writ petition may be allowed. 4. I have heard the learned Counsel for the petitioners and learned A.G.P. appearing for the State. Perused the Judgment in Writ Petition No. 5223 of 2009 and other petitions, delivered on 22-12-2010 and more particularly Para-24 and 25 of the said judgment. This Court, in the aforesaid judgment, has taken a view that the orders passed by the District Consumer Disputes Redressal Forum saddling the liability in respect of payment of dues/damages on the members of the Managing Committee/Directors/past Directors is concerned, the same is erroneous. In short, the District Consumer Disputes Redressal Forum has no 5 wp2413.11 jurisdiction to entertain the complaint. 5. In the present case, it is not in dispute that petitioners are the Ex-Directors of Shri. Sant Savata Maharaj Gramin Bigar Sheti Sahakari Pat Sanstha Ltd., Songaon, Taluka Rahuri District Ahmednagar, registered under the provisions of the Maharashtra Co-operative Societies Act, 1960. 6. Therefore, in the light of the judgment of this Court in Writ Petition No.5223 of 2009 and others (supra) and also in Writ Petition No.11541 of 2010 in the case of Jagannath Dayaram Lokhande and others vs. The State of Maharashtra and others and for the same reasons, this petition deserves to be allowed. . The point raised in this petition is no more res integra and is covered by authoritative pronouncement in the case of Sau. Varsha Ravindra 6 wp2413.11 Isai vs. Sow. Rajashri Rajkumar Chaudhari & Ors. reported in 2011(3) ALL MR 88. 7. In the result, the Writ Petition is allowed in terms of prayer clause (B) and (C). The order passed by the District Consumer Forum, Ahmednagar saddling the liability so far the petitioners herein are concerned, is quashed and set aside. 8. It is clarified that the Co-operative Societies / Credit Societies / banks are liable to meet the liability and the order passed by the Consumer Forum can very well be executed against such banks / co-operative credit societies. 9. The Writ Petition is allowed and disposed of in above terms. Rule made absolute as indicated above. Consequently, Civil Application also stands disposed of. sd/- [S.S. SHINDE, J.] sut/NOV11