-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.758 OF 2007 NO.758 OF 2007 NO.758 OF 2007 Nampur Bruhat Vividh Karyakari Sahakari Society Ltd. and anr. ...Petitioners v/s The State of Maharashtra and anr. ...Respondents Mr A.Y. Sakhare i/b M/s YKS Legal for Petitioners. Mr V.P. Malvankar, AGP for Respondent No.1. Mr K.Y. Patil i/b Mr P.N. Joshi for Respondent No.1. CORAM : D.K. DESHMUKH AND V.M. KANADE JJ. DATE : 7TH JANUARY 2008. -2- P.C. :- 1. The petitioner - Society is a village level agricultural credit society. By this petition, the petitioners are seeking a direction against the respondent No.2 - District Central Co-operative Bank that in view of the provisions of section 44A of the Maharashtra Co-operative Societies Act 1960 and the Government Resolution at Exh.’A’ to the petition, respondent No.2 should not recover interest more than principal amount. In our opinion, as the petitioner - Society is admittedly a member of respondent No.2 - Bank, which is a Co-operative Society in case the respondent No.2 recovers any amount from the petitioner - Society contrary to the provisions of section 44A of the said Act, the appropriate forum for petitioners to approach would be the co-operative Court, by filing a dispute under section 91 of the said Act. In that event, it goes without saying that the Co-operative Court will decide the question whether the recovery made by the respondent No.2 from the petitioners is justified or not. In our opinion, as the alternative remedy is available, this petition cannot be entertained. It is disposed off. -3- . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( V.M. KANADE J.)