1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CONTEMPT PETITION NO. 02 OF 2008 Manoj Shri Redij. ... Petitioner. V/s. Ratnagiri Zilla Prathamik Shikshak Sahakari Patapedhi, Maryadit. ... Respondents. Mr. Rakesh Bhatkar for the Petitioner. Mr. Rajesh Parab for Respondents 1 to 3, 5 to 8, 11 to 13, 15 to 17. CORAM : S.C. DHARMADHIKARI,J. DATED : 5th APRIL 2010. P.C. :- The Petitioner alleges contempt of an order dated 26th October 2007 passed by the Co-operative Appellate Court. 2. It is a common ground that the Petitioner has some dispute with the Co-operative Society in question viz. Respondent No.1 A dispute application was filed and on account of some orders therein, an Appeal came to be filed in which the order dated 26th October 2007, of which contempt is complained of came to be passed. 3. The grievance is that this order is disobeyed and therefore, the action under Contempt of Courts Act be taken. 4. In the affidavit in reply filed on behalf of the society and other concerned Respondents, it has been clarified that what 2 the Appeal preferred by the Petitioner concerns is a Resolution No.25 passed in Managing Committee Meeting held on 8th July 2007. However, the Petitioner has not impugned and challenged the Resolution passed in the Annual General Body Meeting held on 1st August 2007, wherein the decision of the Managing Committee has been confirmed. 5. From the nature of the order passed and the contents of the affidavit in reply, to my mind, the remedy of the Petitioner is not to file a Contempt Petition but seek substantive reliefs, challenging the actions of the First Respondent – Society. Since that is the course available to him in law and he has not availed off it, the Contempt Jurisdiction cannot be exercised. The Contempt Petition is misconceived and it is accordingly dismissed. However, the Petitioner can institute substantive proceedings and seek appropriate reliefs therein and pleas of both sides on merits, are accordingly kept open. (S.C. DHARMADHIKARI,J.)