: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION SUIT (L)NO.2330 OF 2009 Himanshu R. Bhatt .. Plaintiff V/s. Mrs. Asha Hirachand Pagaria and Ors. .. Defendants ..... Mr. Vivek V. Phadke for the plaintiff None for the defendants ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 13th AUGUST, 2009. Mentioned. Not on Board. P.C. : 1. It is stated that the defendant No.3 bank is proceeding to attach the properties of the plaintiff in execution of the recovery certificate / award of a competent Court / Authority. 2. When the attention of the learned advocate appearing for the plaintiff was invited to Section 95 to 97, 101 and 156 of the Maharashtra Co-operative Societies Act, 1960 and Rule 107 of the Maharashtra Civil Services Rules, 1961, he fairly concedes that the suit is not maintainable and he would have to approach the authorities stipulated in this : 2 : statute. He therefore, seeks liberty to approach them. He also applies for withdrawal of the suit with liberty to approach these Authorities and raise all pleas as raised in the instant proceedings. 3. At the request of the learned advocate appearing for the plaintiff, suit is allowed to be withdrawn and dismissed as such. However, the plaintiff will be at liberty to approach the authorities stipulated under the Maharashtra Co-operative Societies Act or even the executing Court under the Code of Civil Procedure and raise all pleas as are raised in the instant proceedings. All contentions are kept open. The suit is dismissed as withdrawn with liberty as above. No order as to costs. In the light of the withdrawal of the suit, there is no question of granting any ad-interim or interim reliefs, Hence, Notice of Motion is disposed off accordingly. No costs. (S.C. DHARMADHIKARI, J.)