1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. Writ Petition No. 4505/2008 (Apex Cotton Growers Co-op. Credit Society Ltd. Nagpur .vs. The Mah.State Co- op. Cotton Growers Marketing Federation Ltd. And ors. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders ======================================= CORAM : D.D.SINHA &, A.P. BHANGALE, JJ. DATED : FEBRUARY 10, 2009 Heard Mr. S.A. Gordey, learned counsel for the petitioner, Mr. A. J. Thakkar, learned counsel for respondent no.1 and Mrs. K. S. Joshi, learned AGP for respondent nos. 2 to 4. The learned counsel for the petitioner submitted that as per the provisions of Section 49(1) of the Maharashtra Co-operative Societies Act, 1960 a member of a society may execute an agreement in favour of the society, providing that his employer shall be competent to deduct from the wages payable to him by the employer, such total amount payable to the society and any such instalments as may be specified in the agreement, and to pay to the society the amounts so deducted in satisfaction of any debt or other demand of the society against the member. The learned counsel for the petitioner has submitted that the petitioner 2 society has advanced loan to the employees of respondent no.1 Federation and the employees have also executed an agreement with the petitioner society, however, the necessary deduction contemplated under Section 49 (1) of the Act are not made by respondent no.1 Federation and the said amount has also not been paid to the petitioner society and, therefore, the present petition. The counsel for respondent no.1 Federation has submitted that the employees those who have executed the agreements with the petitioner society and copies thereof are submitted to respondent no.1 Federation, in such cases appropriate action in accordance with provisions of Section 49 (1) of the Act shall be taken forthwith and further appropriate steps as contemplated in the said Section shall also be taken forthwith. In view of the above statement made by the the counsel for respondent no.1 Federation, cause of action in the present writ petition no more survives. Hence the writ petition is disposed of accordingly. JUDGE JUDGE halwai