1 wp8657.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8657 OF 2010 Shri. Vasudeo Rajaram Wani, Age: 73 years, Occ: Retired, R/o. Wani Galli, YAWAL, Tq. Yawal, Dist. Jalgaon, Chairman, Mahalaxmi Nagari Sahakari Pat Sanstha Maryadit, Yawal, District Jalgaon & Anr. ...PETITIONERS VERSUS Shri. Baburao Dhanraj Patil, Age: 71, Occ: Service, R/o. 16-B, Arunoday Colony, CHOPDA, Taluka Chopda, District Jalgaon. ...RESPONDENT WITH WRIT PETITION NO.8659 OF 2010 Shri. Vasudeo Rajaram Wani, Age: 73 years, Occ: Retired, R/o. Wani Galli, YAWAL, Tq. Yawal, Dist. Jalgaon, Chairman, Mahalaxmi Nagari Sahakari Pat Sanstha Maryadit, Yawal, District Jalgaon & Anr. ...PETITIONERS 2 wp8657.10 VERSUS Shri. Ravindra Narsi Jain, Age: 43 years, Occ: Service, R/o. 16-B, Arunoday Colony, CHOPDA, Taluka Chopda, District Jalgaon. ...RESPONDENT WITH WRIT PETITION NO.8660 OF 2010 Shri. Vasudeo Rajaram Wani, Age: 73 years, Occ: Retired, R/o. Wani Galli, YAWAL, Tq. Yawal, Dist. Jalgaon, Chairman, Mahalaxmi Nagari Sahakari Pat Sanstha Maryadit, Yawal, District Jalgaon & Anr. ...PETITIONERS VERSUS Shri. Suresh Narayan Bari, Age: 54 years, Occ: Service, R/o. 16-B, Arunoday Colony, CHOPDA, Taluka Chopda, District Jalgaon. ...RESPONDENT ... Mr. G.V. Wani, Advocate for the petitioners. Respondent : served. ... CORAM: S.S. SHINDE, J. DATE : 19TH OCTOBER, 2011 3 wp8657.10 PER COURT : The petitioners have challenged the impugned order dated 04-01-2010 in Consumer Complaint No. 642 of 2009, Consumer Complaint No. 994 of 2009 and in Consumer Complaint No. 704 of 2009 in Writ Petition Nos. 8657 of 2010, 8659 of 2010 and 8660 of 2010 respectively, passed by the District Consumer Disputes Redressal Forum, Jalgaon. 2. The learned Counsel appearing for the petitioners submits that, the District Consumer Disputes Redressal Forum, Jalgaon has no jurisdiction to entertain the complaints, saddling the liability in respect of payment of dues/damages on the members of the Managing Committee/Directors/Ex-Directors of the Co- operative Societies, as held by this Court in the case of Sau. Varsha Ravindra Isai vs. Sow. Rajashri Rajkumar Chaudhari and others in Writ Petition No. 5223 of 2009. Therefore, the Counsel 4 wp8657.10 for the petitioners submits that, these petitions may be allowed. 3. I have heard the learned Counsel for the respective parties. Perused the Judgment in Writ Petition No. 5223 of 2009 and other petitions, delivered on 22-12-2010 and more particularly Para-24 and 25 of the said judgment. This Court, in the aforesaid judgment, has taken a view that the orders passed by the District Consumer Disputes Redressal Forum saddling the liability in respect of payment of dues/damages on the members of the Managing Committee/Directors/past Directors is concerned, the same is erroneous. In short, the District Consumer Disputes Redressal Forum has no jurisdiction to entertain the complaint. 4. In the present case, it is not in dispute that the petitioners are the Chairman and Vice Chairman of Mahalaxmi Nagari Sahakari Pat Sanstha Maryadit, Yawal, registered under the provisions of the Maharashtra Co-operative Societies Act, 5 wp8657.10 1960. 5. Therefore, in the light of the judgment of this Court in Writ Petition No.5223 of 2009 and others (supra) and also in Writ Petition No.11541 of 2010 in the case of Jagannath Dayaram Lokhande and others vs. The State of Maharashtra and others and for the same reasons, these petitions deserve to be allowed. . The point raised in these petitions is no more res integra and is covered by authoritative pronouncement in the case of Sau. Varsha Ravindra Isai vs. Sow. Rajashri Rajkumar Chaudhari & Ors. reported in 2011(3) ALL MR 88. 6. In the result, the petitions are allowed in terms of prayer clause (B). The orders passed by the District Consumer Forum, Jalgaon saddling the liability so far the petitioners herein are concerned, is quashed and set aside. 6 wp8657.10 7. It is clarified that the Co-operative Societies / Credit Societies / banks are liable to meet the liability and the orders passed by the Consumer Forum can very well be executed against such banks / co-operative credit societies. 8. The petitions are allowed and disposed of in above terms. Sd/- [S.S. SHINDE, J.] MTK