WP 10801/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.10801/2010 _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri S.W. Mundhe, Advocate for petitioner. Respondent no.1 served. Shri S.S. Deve, Advocate for respondent nos.2,3 & 5. Shri V.P. Raje, Advocate for respondent no.4. CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. Date: 29.03.2011 Heard learned counsel for the parties. By this writ petition, the petitioner is seeking direction to respondent no.1 – Union of India to direct respondent nos.2 to 4 to forthwith provide to the petitioner the information sought by him. The petitioner has further prayed for direction to the Union of India to remove the present board of WP 10801/10 2 directors of the respondent – bank in exercise of the powers under Section 123 of the Multi-State Cooperative Societies Act, 2002, since they are persistently making default and/or are negligent in performance of their duties imposed on them under the said Act and/or for non-compliance of the directions issued by this Court in Writ Petition No.7310/2010. In the course of arguments, our attention was invited to the order dated 30.9.2010 passed in Writ Petition No. 7310/2010. We have perused the said order. It appears that on the basis of the statement made by learned counsel appearing for the respondent – bank, they were directed to furnish copies of the documents as stipulated in Section 108 of the Multi-State Cooperative Societies Act, 2002. It is interesting to note that in paragraph 4 of the order dated 30.9.2010, the Division Bench also made the following observations: “However, we find that the petitioner has WP 10801/10 3 approached the respondent no.3 / Bank on 4th August, 2010, and without awaiting response from the Bank, he has rushed to this Court on 5th August, 2010, and persuaded this Court to issue notice vide order dated 17th August, 2010. We find that on account of undue and unwarranted haste on the part of the petitioner, the respondents were required to engage Counsel for appearing in this Court. In that view of the matter, we are inclined to saddle costs on the petitioner.” This Court is informed that since, according to the petitioner, compliance of the directions issued by this Court vide order dated 30.9.2010 was not made, the petitioner has filed Contempt Petition No.433/2010 seeking action against the respondent – bank and its officials. The contempt petition is pending for hearing. In this backdrop, the present writ petition is filed. The respondent – bank, according to their learned counsel, has complied with the direction issued in the earlier petition. Insofar as prayer clause (B) is concerned, the similar relief was sought in the earlier writ petition. The only change made by the petitioner in this writ petition is that, now he is seeking direction to the Union WP 10801/10 4 of India to direct the respondent – bank and its officials to forthwith provide the information sought by him. Insofar as other prayers are concerned, they proceed on the assumption that the respondent – bank made default or they were negligent in performance of the duties imposed on them by the Multi- State Cooperative Societies Act, 2002. From bare perusal of these prayers and considering over-all facts and circumstances of the case, this petition also, in our opinion, is premature. The petitioner, in our opinion, has shown undue and unwarranted haste in filing this petition. He ought to have waited for the outcome of the contempt petition. In the circumstances, we dismiss the writ petition saddling the petitioner with costs of Rs.7500/- (rupees seven thousand five hundred only). As requested by learned counsel for the respondents, the costs shall be paid by the petitioner to the library of the Advocates’ Association at this Bench within a period of four weeks from today. WP 10801/10 5 With these directions, the petition is disposed of. (M.T. Joshi, J.) (D.B. Bhosale, J.) Dt/- 29.03.2011 ndk/c293116