{1} wp522309.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD (1) WRIT PETITION NO. 5223 OF 2009 Sau.Varsha Ravindra Isai, age: 43 years, Occ: Business, R/o 71, Mauli Building, Zilla Peth, Jalgaon, Tq. and District Jalgaon. Petitioner Versus 1 Sow. Rajashri Rajkumar Chaudhari, age: major, Occ: Household, R/o Plot No.8, Gat No.9+10+11/5, Near Old Water Tank, Daulat Nagar, Mohadi Road, Jalgaon, Tq. & District Jalgaon. 2 Akshay Urban Co-op. Credit Society Ltd., Jalgaon, Dist.Jalgaon, Shop No.258, Ground Floor, New B.J. Market, Jalgaon, through its Chairman/Administrator. 3 Shri Krushnakumar Ranchoddas, age: 72 years, Occ: Business, R/o Block No.10, Kavita Apartment, Jalgaon, Tq. & Dist. Jalgaon. 4 Shri Girishchandra Chhotalal Pipariya, age: 61 years, Occ: Business, R/o Block No.7, Urmi Apartment, Dinanath Wadi, Ring Road, Jalgoan, Tq. & District Jalgaon. 5 Shri K.S.Desai, age: 42 years, Occ: Business, {2} wp522309.odt R/o Ganesh Colony, Jalgaon, Tq. & Dist. Jalgaon. 6 Shri Ravindra Jagannath Bari, age: 36 years, Occ: Business, R/o Vitthal Peth, Bari Wada, Jalgaon, Tq. & District Jalgaon. 7 Shri Ashok Namdeo Sonar, age: 54 years, Occ: Business, R/o Mohadi Road, Mehrun, Tq. & District Jalgaon. 8 Shri Vinit Krushnakumar Bhatiya, age: 36 years, Occ: Business, R/o Block No.10, Kavita Apartment, Jalgaon, Tq. & Dist. Jalgaon. 9 Shri Dipak Ramnarayan Kabra, age: 44 years, Occ: Business, R/o Prem Nagar, Jalgaon, Tq. & District Jalgaon. 10 Shri Nandkishor Sadashiv Wani, age: 45 years, Occ: Business, R/o Shivaji Nagar, Jalgaon, Tq. & District Jalgaon. 11 Adv. Pratibha Dattatraya Motiwale, age: 45 years, Occ: Business, R/o Ganesh Colony, Jalgaon, Tq. & District Jalgaon. 12 Sau.Maltibai Ramesh Nerkar, age: 55 years, Occ: Business, R/o At Post Fuknagari, Tq. & District Jalgaon. {3} wp522309.odt 13 Karuna Narayan Shimpi, age: 40 years, Occ: Business, R/o Kanchan Nagar, Jalgaon. 14 Surekha Arun Dikshit, age: 52 years, Occ: Business, R/o At Post Chopda, Tq.Chopda, District Jalgaon. Respondents Mr.A.G.Talhar, advocate for petitioner Mr.S.B.Yawalkar, advocate for respondent no.1. Mr.P.N.Kutti, advocate for Respondent No.14. Respondents No.2 to 13 served. WITH (2) WRIT PETITION NO.1391 OF 2010 Prakash s/o Amrutlal Changedia, age: 48 years, Occ: Agriculture, R/o Amrut Villa, Near Govt. Hospital, Navi Peth, Ahmednagar, District Ahmednagar. Petitioner Versus 1 Purushottam s/o Khetabhai Patel, age: major, Occ: 2 Vasan s/o Purushottam Patel, age: 35 years, Occ: Agriculture; 3 Vanita d/o Purushottam Patel, age: 30 years, Occ: Household; 4 Sangita d/o Purushottam Patel, age: 28 years, Occ: Household; {4} wp522309.odt Respondents No.1 to 4 – R/o Yamuna Sadan, Ganeshwadi, Ahmednagar. 5 The Mahavir Gramin Bigar Sheti Sahakari Credit Society Ltd., Sonai, Tq.Nevasa, Dist.Ahmednagar, through its Manager. Respondents Mr.C.R.Thorat, advocate for the petitioner. Respondents No.1 to 5 served. WITH (3) WRIT PETITION NO.1394 OF 2010 Prakash s/o Amrutlal Changedia, age: 48 years, Occ: Agriculture, R/o Amrut Villa, Near Govt.Hospital, Navi Peth, Ahmednagar, District Ahmednagar. Petitioner Versus 1 Dr.Jaiprakash s/o Bansilal Baheti, age: 52 years, Occ: Medical Practitioner; 2 Smt.Shobha w/o Jaiprakash Baheti, age: 45 years, Occ: Household; 3 Suyog s/o Jaiprakash Baheti, age: 26 years, Occ: Nil; 4 Sagar s/o Jaiprakash Baheti, age: 22 years, Occ: Education; {5} wp522309.odt Respondents No.1 to 4 are R/o Shevgaon, Tq. Shevgaon, District Ahmednagar, through Special Power of Attorney Holder. 5 Shri Ajay s/o Shivlal Karva, age: 36 years, Occ: Agri., R/o Songaon, Tq.Rahuri, District Ahmednagar. 6 The Mahavir Gramin Bigar Sheti Shakari Credit Society Ltd., Sonai, Tq.Nevasa, Dist.Ahmednagar, through its Manager. Mr.C.R.Thorat, advocate for the petitioner. Respondents No.1 to 5 served. WITH (4) WRIT PETITION NO.2765 OF 2010 1 Sau. Deepali Nitin Chaudhary, age: major, Occ: Household, R/o Near Post Office Sawada, Tq. Raver, District Jalgaon. 2 Sau.Saraswati Digambar Mahajan, age: major, Occ: Household, R/o Shani Road, Rambhau Dohalecha Wada, Sawada, Tq.Raver, Dist.Jalgaon. 3 Sau.Rajani Chabildas Chaudhari, age: major, Occ: Household, R/o Railway Station Road, Near Mahanubhav Math, Sawada, Tq.Raver, District Jalgaon. {6} wp522309.odt 4 Sau.Hujara Kamil Tadavi, age: major, Occ: Household, R/o Malibag, Savada, Tq.Raver, District Jalgaon. 5 Sau.Jayashri Tejbhan Narang, age: major, Occ: Household, R/o D.K.Sheth, Near Mahanubhav Panth Math, Sawada, Tq.Raver, Dist.Jalgaon. 6 Sau.Nirmala Trilokchand Rane, age: major, Occ: Household, R/o Behind Bohara Masjid, Sawada, Tq.Raver, Dist.Jalgaon. 7 Sau.Ujjawala Prakash Chaudhari, age: major, Occ: Household, R/o Railway Station Road, Near Mahanubhav Matha, Sawada, Tq.Raver, District Jalgaon. Petitioners Versus 1 The State of Maharashtra, through its Secretary, Food Civil Supply, Consumer Protection Department, Mantralaya, Mumbai-32. 2 Smt.Jaibai Namdeo Kolhe, age: 64 years, Occ: Household, R/o Dewiwada, Faizpur, Tq.Yawal, District Jalgaon. 3 Bahinabai Mahila Nagari Sahakri Patsanstha Maryadit, Sawada, {7} wp522309.odt Near Post Office, Sawada, Tq.Raver, District Jalgaon. 4 Shri A.D.Bagul, the Administrator, Assistant Registrar, Cooperative Societies, Raver, Tq.Raver, Dist.Jalgaon. Respondents Mr.V.J.Dixit, Senior Counsel holding for Mr.S.P.Tiwari, advocate for the petitioners. Mr.K.M.Suryawanshi, A.G.P. For Respondent No.1. Respondents No.2 to 4 served. WITH (5) WRIT PETITION NO.2949 OF 2010 1 Kishor s/o Devram Rane, age: 30 years, Occ: Labour, R/o Yawal, Tq. Yawal, District Jalgaon. 2 Rajesh Ramdas Fegde, age: 37 years, Occ: Labour, R/o Yawal, Tq.Yawal, District Jalgaon. Petitioners Versus 1 Yuvraj s/o Waman Sarode, age: 33 years, Occ: Business, R/o Chinawal, Tq. Raver, District Jalgaon. 2 Seema Yuvraj Sarode, age: 30 years, Occ: Household, R/o Chinawal, Tq. Raver, District Jalgaon. {8} wp522309.odt 3 Jay Ganraya Urban Co-op. Credit Society Ltd., Faizpur, Tq.Yawal, District Jalgaon. 4 Lalit s/o Madhukar Patil, age: 36 years, Occ: Manager, Jay Ganraya Urban Co-op.Credit Society Ltd., Faizpur, Tq.Yawal, District Jalgaon. 5 Madhukar s/o Tukaram Patil, age: 41 years, Occ: Chairman, Jay Ganraya Urban Co-op.Credit Society Ltd., Faizpur, Tq.Yawal, District Jalgaon. 6 Prabhakar s/o Vishwanath Chaudhari, age: 42 years, Occ: Business, R/o Behind Rajabaug, Faizpur, Tq.Yawal, District Jalgaon. 7 Atul s/o Madhukar Vaykole, age: 36 years, Occ: Business, R/o Deviwada, Faizpur, Tq.Yawal, District Jalgaon. 8 Bhojraj s/o Shridhar Patil, age: 54 years, Occ: Business, R/o Laxminagar, Faizpur, Tq.Yawal, District Jalgaon. 9 Manoj s/o Umakant Patil, age: 36 years, Occ: Business, R/o Deviwada, Faizpur, Tq.Yawal, District Jalgaon. 10 Sandip s/o Ashok Bendale, {9} wp522309.odt age: 39 years, Occ: Business, R/o Bamnod, Tq. Yawal, District Jalgaon. 11 Pradip s/o Vishnu Chaudhari, age: 36 years, Occ: Business, R/o Behind Bus Stand, Faizpur, Tq.Yawal, District Jalgaon. 12 Vrushali w/o Lalit Patil, age: 44 years, Occ: Business, R/o Saraf Galli, Faizpur, Tq.Yawal, District Jalgaon. 13 D.V.Kadam, Assistant Registrar, Cooperative Societies, Yawal, Tq.Yawal, District Jalgaon. Respondents Mr.P.N.Kutti, advocate for the petitioners. Mr.N.N.Desale, advocate for Respondents No.6, 8 to 10. Mr.A.G.Talhar, advocate for Respondents No.4, 5 and 12. Respondents No.1 to 3, 7, 11 & 13 are served. WITH (6) WRIT PETITION NO.2950 OF 2010 1 Kishor s/o Devram Rane, age: 30 years, Occ: Labour, R/o Yawal, Tq. Yawal, District Jalgaon. 2 Rajesh Ramdas Fegde, age: 27 years, Occ: Labour, R/o Yawal, Tq.Yawal, District Jalgaon. Petitioners {10} wp522309.odt Versus 1 Sunil Sudhakar Fegde, age: 33 years, Occ: Business, R/o Bamnod, Tq. Yawal, District Jalgaon. 2 Yogita Sunil Fegde, age: 30 years, Occ: Household, R/o Bamnod, Tq.Yawal, District Jalgaon. 3 Jay Ganraya Urban Co-op. Credit Society Ltd., Faizpur, Tq.Yawal, District Jalgaon. 4 Lalit s/o Madhukar Patil, age: 36 years, Occ: Manager, Jay Ganraya Urban Co-op.Credit Society Ltd., Faizpur, Tq.Yawal, District Jalgaon. 5 Madhukar s/o Tukaram Patil, age: 41 years, Occ: Chairman, Jay Ganraya Urban Co-op.Credit Society Ltd., Faizpur, Tq.Yawal, District Jalgaon. 6 Prabhakar s/o Vishwanath Chaudhari, age: 42 years, Occ: Business, R/o Behind Rajabaug, Faizpur, Tq.Yawal, District Jalgaon. 7 Atul s/o Madhukar Vaykole, age: 36 years, Occ: Business, R/o Deviwada, Faizpur, Tq.Yawal, District Jalgaon. {11} wp522309.odt 8 Bhojraj s/o Shridhar Patil, age: 54 years, Occ: Business, R/o Laxminagar, Faizpur, Tq.Yawal, District Jalgaon. 9 Manoj s/o Umakant Patil, age: 36 years, Occ: Business, R/o Deviwada, Faizpur, Tq.Yawal, District Jalgaon. 10 Sandip s/o Ashok Bendale, age: 39 years, Occ: Business, R/o Bamnod, Tq. Yawal, District Jalgaon. 11 Pradip s/o Vishnu Chaudhari, age: 36 years, Occ: Business, R/o Behind Bus Stand, Faizpur, Tq.Yawal, District Jalgaon. 12 Vrushali w/o Lalit Patil, age: 44 years, Occ: Business, R/o Saraf Galli, Faizpur, Tq.Yawal, District Jalgaon. 13 D.V.Kadam, Assistant Registrar, Cooperative Societies, Yawal, Tq.Yawal, District Jalgaon. Respondents Mr.P.N.Kutti, advocate for the petitioners. Mr.N.N.Desale, advocate for Respondents No.6 to 10. Mr.A.G.Talhar, advocate for Respondents No.4, 5 and 12. Respondents No.1 to 3, 11 & 13 are served. WITH (7) WRIT PETITION NO.4450 OF 2009 {12} wp522309.odt 1 Girishchandra Chhotalal Pipariya, age: 61 years, Occ: Business, R/o Block No.7, Urmi Apartment, Dinanath Wadi, Ring Road, Jalgaon, Tq. & District Jalgaon. 2 Vinit Krushnakumar Bhatiya, age: 36 years, Occ: Business, R/o Block No.10, Kavita Apartment, Jalgaon, Tq. & Dist. Jalgaon. 3 Ashok Namdeo Sonar, age: 54 years, Occ: Business, R/o Mohadi Road, Mehrun, Tq. & Dist. Jalgaon. Petitioners Versus 1 Pramila Pundlik Chaudhari, age: 35 years, Occ: Household, R/o Plot No.8, Gat No.9+10+11/5, Near Old Water Tank, Daulat Nagar, Mohadi Road, Jalgaon, Tq. & District Jalgaon. 2 Akshay Urban Co-op. Credit Society Ltd., Jalgaon, Dist.Jalgaon, Shop No.258, Ground Floor, New B.J. Market, Jalgaon, through its Chairman/Administrator. 3 Sau.Varsha Ravindra Isai, age: 43 years, Occ: Business, R/o 71, Mauli Building, Zilla Peth, Jalgaon, Tq. and District Jalgaon. 4 Shri K.S.Desai, {13} wp522309.odt age: 42 years, Occ: Business, R/o Ganesh Colony, Jalgaon, Tq. & Dist. Jalgaon. 5 Shri Ravindra Jagannath Bari, age: 36 years, Occ: Business, R/o Vitthal Peth, Bari Wada, Jalgaon, Tq. & District Jalgaon. 6 Shri Nandkishor Sadashiv Wani, age: 45 years, Occ: Business, R/o Shivaji Nagar, Jalgaon, Tq. & District Jalgaon. 7 Adv. Pratibha Dattatraya Motiwale, age: 45 years, Occ: Business, R/o Ganesh Colony, Jalgaon, Tq. & District Jalgaon. 8 Sau.Maltibai Ramesh Nerkar, age: 55 years, Occ: Business, R/o At Post Fuknagari, Tq. & District Jalgaon. 9 Karuna Narayan Shimpi, age: 40 years, Occ: Business, R/o Kanchan Nagar, Jalgaon. 10 Surekha Arun Dikshit, age: 52 years, Occ: Business, R/o At Post Chopda, Tq.Chopda, District Jalgaon. 11Shri Krushnakumar Ranchoddas, age: 72 years, Occ: Business, R/o Block No.10, Kavita Apartment, Jalgaon, Tq. & Dist. Jalgaon. {14} wp522309.odt 12 Shri Dipak Ramnarayan Kabra, age: 44 years, Occ: Business, R/o Prem Nagar, Jalgaon, Tq. & District Jalgaon. Respondents Mr.P.S.Gaikwad, advocate for the petitioners. Mr.S.B.Yawalkar, advocate for Respondent No.1. Mr.V.B.Patil, advocate for Respondent No.4. Mr.P.N.Kutti, advocate for Respondent No.10. Respondents No.2, 3 and 5 to 9 served. WITH (8) WRIT PETITION NO.4471 OF 2009 Sau.Varsha Ravindra Isai, age: 43 years, Occ: Business, R/o 71, Mauli Building, Zilla Peth, Jalgaon, Tq. and District Jalgaon. Petitioner Versus 1 Pramila Pundlik Chaudhari, age: 35 years, Occ: Household, R/o Plot No.8, Gat No.9+10+11/5, Near Old Water Tank, Daulat Nagar, Mohadi Road, Jalgaon, Tq. & District Jalgaon. 2 Akshay Urban Co-op. Credit Society Ltd., Jalgaon, Dist.Jalgaon, Shop No.258, Ground Floor, New B.J. Market, Jalgaon, through its Chairman/Administrator. 3 Sau.Varsha Ravindra Isai, {15} wp522309.odt age: 43 years, Occ: Business, R/o 71, Mauli Building, Zilla Peth, Jalgaon, Tq. and District Jalgaon. 4 Shri K.S.Desai, age: 42 years, Occ: Business, R/o Ganesh Colony, Jalgaon, Tq. & Dist. Jalgaon. 5 Shri Ravindra Jagannath Bari, age: 36 years, Occ: Business, R/o Vitthal Peth, Bari Wada, Jalgaon, Tq. & District Jalgaon. 6 Shri Nandkishor Sadashiv Wani, age: 45 years, Occ: Business, R/o Shivaji Nagar, Jalgaon, Tq. & District Jalgaon. 7 Adv. Pratibha Dattatraya Motiwale, age: 45 years, Occ: Business, R/o Ganesh Colony, Jalgaon, Tq. & District Jalgaon. 8 Sau.Maltibai Ramesh Nerkar, age: 55 years, Occ: Business, R/o At Post Fuknagari, Tq. & District Jalgaon. 9 Karuna Narayan Shimpi, age: 40 years, Occ: Business, R/o Kanchan Nagar, Jalgaon. 10 Surekha Arun Dikshit, age: 52 years, Occ: Business, R/o At Post Chopda, Tq.Chopda, District Jalgaon. {16} wp522309.odt 11 Shri Krushnakumar Ranchoddas, age: 72 years, Occ: Business, R/o Block No.10, Kavita Apartment, Jalgaon, Tq. & Dist. Jalgaon. 12 Shri Dipak Ramnarayan Kabra, age: 44 years, Occ: Business, R/o Prem Nagar, Jalgaon, Tq. & District Jalgaon. 13 Shri Girishchandra Chhotalal Pipariya, age: 61 years, Occ: Business, R/o Block No.7, Urmi Apartment, Dinanath Wadi, Ring Road, Jalgoan, Tq. & District Jalgaon. 14 Shri Vinit Krushnakumar Bhatiya, age: 36 years, Occ: Business, R/o Block No.10, Kavita Apartment, Jalgaon, Tq. & Dist. Jalgaon. 15 Shri Ashok Namdeo Sonar, age: 54 years, Occ: Business, R/o Mohadi Road, Mehrun, Tq. & District Jalgaon. Respondents Mr.A.G.Talhar, advocate for petitioner Mr.S.B.Yawalkar, advocate for respondent no.1. Mr.V.B.Patil, advocate for Respondent No.4. Mr.P.N.Kutti, advocate for Respondent No.10. Respondents No.2, 3, 5 to 9 & 11 to 15 served. WITH (9) WRIT PETITION NO.4992 OF 2010 Chandrakant Jayantilal Kothari, age: 69 years, Occ: Business, {17} wp522309.odt R/o Gujrathi Galli, Near Gujrat Sweet Mart, Jalgaon, Tq. And District Jalgaon. Petitioner Versus 1 Fakira Sakharam Chaudhari, age: 65 years, Occ: Pensioner, R/o Ramnagar, Gat No.138, Girna Pimping Road, Jalgaon, Tq. and District Jalgaon. 2 The Manager, Gujarathi Urban Co-operative Society Ltd., R/o 179 to 182, First Floor, Central Fule Market, Jalgaon. 3 D.B.Mali, Chief Administrator, Gujarathi Urban Co-operative Society Ltd., R/o 179 to 182, First Floor, Central Fule Market, Jalgaon. 4 Ujjwal Ramrao Patil, Assistant Administrator, 6, Dinanath Wadi, Ring Road, Jalgaon. 5 Dilip Nathulal Kabra, Assistant Administrator, R/o 177, First Floor, Central Fule Market, Jalgaon. 6 Rajendra Chotalal Pipariya, Assistant Administrator, {18} wp522309.odt 9, Sangita Apartment, Opp. Mahesh Pragati Mandal, Ring Road, Jalgaon. Respondents Mr.A.G.Talhar, advocate for the petitioner. Mr.N.L.Choudhari, advocate for Respondent No.1. Mr.V.B.Patil, advocate for Respondents No.2 to 6. WITH (10) WRIT PETITION NO.4993 OF 2010 1 Chandrakant Jayantilal Kothari, age: 68 years, Occ: Business, R/o Gujrathi Galli, Near Gujrat, Sweet Mart, Jalgaon, Taluka and District Jalgaon. 2 Dineshbhai Dharamsibhai Kakkad, age: 54 years, Occ: Business, R/o Adarsh Nagar, Jalgaon, District Jalgaon. 3 Narendrakumar Dalichand Kothari, age: 63 years, Occ: Business, R/o Adinath Society, Near Sent Joseph School, Jalgaon, Tal. & District Jalgaon. 4 Laxmichand Visnji Keniya, age: 58 years, Occ: Business, R/o Near Omkareswar Temple, Jalgaon. Petitioners Versus 1 Sau. Meena Narayan Nerkar, age: 62 years, Occ: Household; {19} wp522309.odt 2 Umesh Narayan Nerkar, age; 39 years, Occ: Business; Both R/o 5, Shriram, State Bank Colony, Ring Road, Jalgaon, Tq. & Dist.Jalgaon. 3 Gujarathi Urban Co-operative Credit Society Ltd., Central Fule Market, Jalgaon, through its Administrator (Committee) D.B.Mali, Chief Administrator. 4 Ujjwal Ramrao Patil, Assistant Administrator, 6, Dinanath Wadi, Ring Road, Jalgaon. 5 Dilip Nathulal Kabra, Assistant Administrator, R/o 177, First Floor, Central Fule Market, Jalgaon. 6 Rajendra Chhotalal Pipariya, Assistant Administrator, 9, Sangita Apartment, Opp. Mahesh Pragati Mandal, Ring Road, Jalgaon. 7 Nirmal Ujjwal Sahakari Pat Sanstha Maryadit, Nagpur, 193, Nandavan Main Road, Nagpur. 8 Taluka Deputy Registrar, Co-operative Societies, {20} wp522309.odt Tq.Jalgaon, Dist.Jalgaon. 9 Sau.Manisha Jayesh Kamani, R/o Saraswati Bhavan, Visanji Nagar, Jalgaon, Tq. & District Jalgaon. 10 Girischandra Chhotalal Pipariya, R/o Near Satyaavallabh Hall, Ring Road, Jalgaon. Respondents Mr.A.G.Talhar, advocate for the petitioners. Mr.J.R.Shaikh, advocate for Respondents No.1 & 2. Respondents no.3 to 10 served. WITH (11) WRIT PETITION NO.5222 OF 2009 1 Girishchandra Chhotalal Pipariya, age: 61 years, Occ: Business, R/o Block No.7, Urmi Apartment, Dinanath Wadi, Ring Road, Jalgaon, Tq. & District Jalgaon. 2 Vinit Krushnakumar Bhatiya, age: 36 years, Occ: Business, R/o Block No.10, Kavita Apartment, Jalgaon, Tq. & Dist. Jalgaon. 3 Ashok Namdeo Sonar, age: 54 years, Occ: Business, R/o Mohadi Road, Mehrun, Tq. & District Jalgaon. 4 Krushnakumar Ranchhoddas Bhatiya, age: 72 years, Occ: Business, {21} wp522309.odt R/o Block No.10, Kavita Apartment, Jalgaon, Tq. & District Jalgaon. 5 Dipak Ramnarayan Kabra, age: major, Occ: Business, R/o Prem Nagar, Jalgaon, Tq. & Dist.Jalgaon. Petitioners Versus 1 Sow. Rajashri Rajkumar Chaudhari, age: major, Occ: Household, R/o Plot No.8, Gat No.9+10+11/5, Near Old Water Tank, Daulat Nagar, Mohadi Road, Jalgaon, Tq. & District Jalgaon. 2 Akshay Urban Co-op. Credit Society Ltd., Jalgaon, Dist.Jalgaon, Shop No.258, Ground Floor, New B.J. Market, Jalgaon, through its Chairman/Administrator. 3 Shri K.S.Desai, age: 42 years, Occ: Business, R/o Ganesh Colony, Jalgaon, Tq. & Dist. Jalgaon. 4 Shri Ravindra Jagannath Bari, age: 36 years, Occ: Business, R/o Vitthal Peth, Bari Wada, Jalgaon, Tq. & District Jalgaon. 5 Shri Nandkishor Sadashiv Wani, age: 45 years, Occ: Business, R/o Shivaji Nagar, Jalgaon, Tq. & District Jalgaon. {22} wp522309.odt 6 Adv. Pratibha Dattatraya Motiwale, age: 45 years, Occ: Business, R/o Ganesh Colony, Jalgaon, Tq. & District Jalgaon. 7 Sau.Maltibai Ramesh Nerkar, age: 55 years, Occ: Business, R/o At Post Fuknagari, Tq. & District Jalgaon. 8 Sau.Varsha Ravindra Isai, age: 38 years, Occ: Business, R/o 71, Mauli Building, Zilla Peth, Jalgaon, Tq. & District Jalgaon. 9 Karuna Narayan Shimpi, age: 40 years, Occ: Business, R/o Kanchan Nagar, Jalgaon. 10 Surekha Arun Dikshit, age: 52 years, Occ: Business, R/o At Post Chopda, Tq.Chopda, District Jalgaon. Respondents Mr.A.G.Talhar, advocate for petitioners Mr.S.B.Yawalkar, advocate for respondent no.1. Mr.P.N.Kutti, advocate for Respondent No.10. Respondents No.2 to 9 served. CORAM : R.M.BORDE, J. Reserved on : 24 th September, 2010 Pronounced on : 22 nd December, 2010. JUDGMENT: {23} wp522309.odt 1 Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. 2 In all these petitions, the orders passed by the District Consumer Forum imposing liability either on the Directors or Ex- Directors of the Co-operative Society in respect of payment of amount to the complainant/s, is subjected to challenge. As common question falls for determination in all these petitions, those are being taken up together. 3 The complainants in all these matters, Respondents herein, are the depositors of the Co-operative Credit Societies / Banks who have not been refunded the amount of deposit/s by the concerned Credit Societies / Banks after completion of the term. Along with the Directors of the Co-operative Society, the complainants have impleaded the concerned Credit Societies / Banks in the complaints presented to the District Consumer Forum and the District Consumer Forum has issued uniform direction against all those Co-operative Credit Societies / Banks as well as the Directors to refund the amount along with interest as well as damages. The petitioners have objected to the orders passed by the District Consumer Forum raising two principal grounds: {24} wp522309.odt 1 Firstly, it is contended that the Complaints against the petitioners as well as the Co-operative Credit Societies / Banks would not be entertainable before the District Consumer Forum, as the provisions of the Consumer Protection Act, 1986, shall have no applicability in respect of functions carried out by the Co-operative Credit Societies / Banks. There is a special enactment in the form of Maharashtra Co-operative Societies Act, 1960, which provides for presentation of disputes to the Co-operative Court and in view of availability of remedy under the special statute, the complaints ought not to have been entertained by the District Consumer Forum established under the Consumer Protection Act, 1986. 2 The second ground of attack is that in any eventuality, even assuming that the provisions of the Consumer Protection Act, 1986, has applicability, the Directors of the banks or members of the Managing Committee of the Co-operative Credit societies cannot be held responsible and no liability can be fixed {25} wp522309.odt against them, without observing the procedure as prescribed under the Maharashtra Co- operative Societies Act, 1960. It is contended that the District Consumer Forum has no jurisdiction to pass orders against the members of the Managing Committee of the Co-operative Societies / Directors of the Banks. 4 That, so far as applicability of the provisions of Consumer Protection Act, 1986, in respect of transactions carried out by the Co-operative Credit Society / Bank is concerned, the question is no more res integra as the Apex Court, in the matter of Secretary, Thirumurugan Co-operative Agricultural Credit Society Vs. M.Lalitha (dead) through L.Rs. & others, reported in 2004 (4) Bom.C.R. 273, has held that: “the provisions of the Act of 1986 are in addition and not in derogation of the provisions of any other law for the time being in force, and as such, the dispute / complaint by a member of a Co-operative Credit Society / bank is entertainable by a forum created under the Act of 1986”. 5 In the matter of State of Karnataka Vs. Vishwabharati House Building Co-op. Society and others, reported in AIR 2003 SC 1043 (1), the Apex Court, while {26} wp522309.odt considering the issue of constitutional validity of the Consumer Protection Act, 1986, has ruled that: “The Parliament has legislative competence to enact the Consumer Protection Act, 1986”. It is also observed in the said judgment that: “The provisions of the said Act clearly demonstrate that it was enacted keeping in view the long felt necessity of protecting the common man from wrongs where for the ordinary law for all intent and purport had become illusory. In terms of the said Act, a consumer is entitled to participate in the proceedings directly as a result whereof his helplessness against a powerful business house may be taken care of. By reason of the said statute, quasi-judicial authorities have been created at the District, State and Central levels so as to enable a consumer to ventilate his grievance before a Forum where justice can be done without any procedural wrangles and hyper-technicalities.” It is also observed by the Apex Court in the said judgment that, “the provisions of the said Act are in addition to the provisions of any other law for the time being in force and not in derogation thereof, as is evident from Section 3 thereof.” {27} wp522309.odt 6 The question as regards applicability of provisions of Consumer Protection Act, 1986 vis-a-vis, the Maharashtra Co- operative Societies Act, 1960, was considered by the learned Single Judge of this Court in the matter of Abhay s/o Narayan Raje & others Vs. Shrikant s/o Ramesh Bhalerao & others, reported in 2010 (5) Mh.L.J. 601. In view of the ratio laid down by the Apex Court in the case of Secretary, Thirumurugan Co-operative Agricultural Credit Society Vs. M.Lalitha (dead) through L.Rs. & others, (supra), this Court has also taken a view that the complaint / dispute under the provisions of Consumer Protection Act, 1986 is entertainable by the District Consumer Forum and the provisions of Section 3 of the said Act provide for an additional remedy. Although, this Court, while dealing with Writ Petition No. 1998/2008, has taken a contrary view and held that the complaint under the provisions of Consumer Protection Act, 1986, is not entertainable, however, the said judgment does not lay down a correct proposition of law as the judgments of the Apex Court in the matter of State of Karnataka Vs. Vishwabharati House Building Co-op. Society and others, and in the matter of Secretary, Thirumurugan Co-operative Agricultural Credit Society Vs. M.Lalitha (dead) through L.Rs. & others, (supra), were not brought to the notice of this Court. 7 It is contended that Section 163 of the Maharashtra {28} wp522309.odt Co-operative Societies Act, 1960 bars the jurisdiction of other Courts to entertain any dispute / complaint, which is required to be considered by the Co-operative Court or a forum created under the provisions of Maharashtra Co-operative Societies Act, 1960. Section 163 of the Maharashtra Co-operative Societies Act, 1960, reads thus: 163 Bar of jurisdiction of Courts : (1) Save as expressly provided in this Act, no Civil or Revenue Court shall have any jurisdiction in respect of - (a) the registration of a society or its by-laws, or the amendments of the by- laws or the dissolution of the of the committee of a society, or the management of the society on dissolution thereof; or (b) any dispute required to be referred to the Co-operative Court, for decision. (c) any matter concerned with the winding up and dissolution of a society. (2) While a society is being wound up, no suit or other legal proceeding relating to the business of such society shall be proceeded with or instituted against the society or any member thereof, or any matter touching the affairs of the society, except by leave of the Registrar, and {29} wp522309.odt subject to such terms as he may impose. (3) All orders, decisions or awards passed in accordance with this Act or the rules shall, subject to the provisions for appeal or revision in this Act be final; and no such order, decision or award shall be liable to be challenged, set aside, modified, revised or declared void in any Court upon the merits or upon any other ground whatsoever. 8 On bare reading of the Section, it is clear that the Act creates a bar for Civil or Revenue Court to entertain a dispute /