1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.160 OF 2006 Sadhana Co-operatie Bank Ltd. .... Applicant Vs. Sau. Harsha Balasaheb More .... Respondents & Ors. Mr. P.J. Pawar, Advocate for Applicant. Mr. P. Tadole h/for Tejesh Dande for respondents 1 to 3. Coram : SMT. R.P. SONDURBALDOTA,J Date : 10th September, 2008 P.C. 1. The Civil Revision Application is preferred against the order dated 28th April, 2006 by which the trial Court held that notice under Section 164 of Maharashtra Co- operative Societies Act, 1960 was not required to be given for maintaining the suit against the applicant which is a Co-operative Bank. Mr. Tadole, learned Advocate for the respondents no. 1 to 3 in fairness concedes that the dispute raised by respondents in the suit and the reliefs prayed against the applicant are touching the business of bank. Therefore, the impugned order is set aside. The preliminary issue is answered in the affirmative. With this the suit against the applicant becomes not maintainable for want of statutory notice. Therefore, Mr. Tadole makes an oral application for withdrawal of the suit 2 against the applicant- Bank with liberty to file proceedings in the Co-operative Court. The suit against the applicant- Bank is dismissed for want of prosecution with liberty to the respondent to file appropriate proceedings in the Co-operative Court. 3. With the above order, the Civil Revision Application is disposed off. 4. Parties to bear their own costs. ( Smt. R.P. SondurBaldota, J.)