1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NOS.6008/2010 & 6040/2010 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard learned counsel for the petitioners. Alternative remedy of filing revision application is available to the petitioners. The petitions involve disputed questions of facts, namely, whether the loan was granted to M/s Bajaj Kirana Stores and Kishor Trading Company and by manipulating certain documents, it was shown to have been granted in favour of the petitioners. The learned counsel relies on circular dated 3.3.2001 issued by the Government, Department of Cooperation, which contemplates that wherever there is interim 2 prohibitory order, issued by the Cooperative Court in a dispute raised u/s 91 of the Maharashtra Cooperative Societies Act, 1960, the Registrar should stay his hands in the matter of inquiry u/s 101 of the said Act. It is an admitted position that in inquiry, the Cooperative Court had issued interim order, which was conditional one. Since the condition was not satisfied, the injunction order was de-clamped. Resultantly, there is no existence of prohibitory order and as such the term of the circular is not attracted. In the teeth of availability of alternative remedy and also due to existence of disputed questions of facts, the petitions are not maintainable and the same are disposed of as such. (V. R. KINGAONKAR , J) Dt/- 12.07.2010 ndk/c1271031