( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1090 OF 1993 1. Derde-Chandwad Dudh Vyavsaik Sanstha Limited, at Shiledarwadi, Post Derde-Chandwad, Taluka Kopargaon, Dist. Ahmednagar. 2. Godavari Khore Sahakari Dugdh Utpadak Sangh Limited, at Kopargaon, Tq. Kopargaon, District Ahmednagar. PETITIONERS VERSUS The Shrirampur Dudh Zilla Madhyavarti Vyavsaik Sangh Limited, Babhaleshwar, Tq. Shrirampur, Dist. Ahmednagar. RESPONDENT AND WRIT PETITION NO. 5560 OF 1995 Derde-Chandwad Dudh Vyavsaik Sanstha Limited, at Shiledarwadi, Post Derde-Chandwad, Taluka Kopargaon, Dist. Ahmednagar. PETITIONER VERSUS The Shrirampur Dudh Zilla Madhyavarti Vyavsaik Sangh Limited, Babhaleshwar, Tq. Shrirampur, Dist. Ahmednagar. RESPONDENT .... Mr. V.D. Hon, advocate for the petitioners in both the petitions. Mr. R.N. Dhorde, advocate for the respondent both the petitions. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 10th August, 2010] ( 2 ) ORAL JUDGEMENT : 1. By these petitions, the petitioners seek to challenge judgements and orders rendered by the Cooperative Court in Dispute No. SR/ABN/94/82 and by the Cooperative Appellate Court in Appeal No. 102/87/89 and Dispute No. ABN/30/83 and order in Darkhast No. 82/1993. 2. It is not necessary to elaborately set out the rival contentions. Suffice it to say that there was an agreement between the petitioner, which a milk supplying Cooperative Society and the respondent, which is a Federal Society. The respondent filed dispute seeking compensation and damages on account of breach of the terms of agreement entered into between them. According to the respondent – Federal Society/Sangh, the petitioner became its member on 28th April, 1960. The petitioners allegedly agreed to supply the milk only to the respondent – Federal Society. It was also agreed that if the milk could not be supplied to the respondent – Federal Sangh, then it would be liable to pay the compensation at rate of Rs. 111/- per day being the commission charges. It was further alleged that the petitioner committed breach of the terms of the agreement and started supplying of the milk to another Federal Society, namely, Godavari Khore Dudh Sangh ( 3 ) Ltd. Consequently, the dispute was filed by the respondent for recovery of the damages and compensation amount. The petitioners denied all the material averments. The plea of the petitioner was that due to internal arrangement between the two (2) Federal Societies and due to bifurcation of Kopargaon Taluka Dudh Sangh, the mil was being supplied to Godavari Khore Dudh Sangh Ltd. The petitioner denied that any intentional breach of the agreement was committed. The Cooperative Court partly allowed the dispute and directed that the respondent – Federal Sangh would be entitled to recover damages at rate of Rs. 50 per day w.e.f. 17-02-1982 onwards. The Cooperative Appellate Court dismissed the appeal preferred by the petitioner. 3. Heard learned counsel for the parties. 4. Clinching question is whether the petitioner committed any intentional breach of the terms of agreement and was liable to pay any damages/compensation to the respondent. In this context, it is significant to notice that the petitioner did not stop supply of the milk on account of any intentional disregard to the terms of the agreement. According to the petitioners, there was arrangement between the two (2) ( 4 ) Federal Societies due to the bifurcation of Kopargaon Taluka Dudh Sangh. It appears that there was earlier litigation between the petitioner Sangh and Godawari Khore Dudh Sangh Ltd. In Writ Petition no. 3010/1982, the consent terms were recorded vide Minutes of Order dated 20-11-1991. Under terms of the Minutes of Order, the Societies or Individuals enlisted in the list (Exh-A) were under obligation to supply the milk to the petitioner Society whereas those who were in the list (Exh-B) were to supply milk to the Godawari Khore Dudh Sangh Ltd. It appears, therefore, that due to settlement between the two (2) Federal Societies, whatever was the dispute between the petitioner and other Member Societies also was impliedly given a go-bye. The settlement between the two (2) Federal Societies brought about a truce which impacted the individual members and the Milk Supply Societies. In view of such development, change of circumstances and the settlement between the two (2) Federal Societies, the petitioner is not liable to pay any damages/compensation to the respondent. In this view of the matter, both the petitions are allowed and the impugned orders are set aside. Rule made absolute accordingly. No costs. [V.R. KINGAONKAR] JUDGE NPJ/WP1090-93-5560-95 ( 5 )