1 jpc/- IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4317 OF 2008 The Dahanu Machimar Vividh Karyakari Sahakari Society Ltd. .. Petitioner Vs. The Thane District Central Cooperative Bank Ltd. and others .. Respondents Shri Samir A. Vaidya, for the petitioner Preeti B. Warlimbe for Respondents 1 and 2 CORAM: J. N. PATEL, & MRS. MRIDULA BHATKAR, JJ. DATED: 24th June, 2009 P. C. 1. Heard. 2. The Petitioner has filed this petition seeking writ of mandamus restraining respondents 1 to 6 from recovering the money which is alleged to be due and payable to the respondents. The petitioner is a Cooperative Society who has taken loan from the Co-operative Bank. There was a dispute in the Co-operative Court in the matter of recovery of the loan which came to be decided in favour of the respondent Bank. It is the case of the petitioner that the loan amount has been already paid and settled. Inspite of that, the respondent Bank continues to deduct the amount against the loan which is already repaid. 2 3. In our view, the subject matter of the petition involves disputed question of facts and the parties have alternate remedy to approach the Cooperative Court in the matter. Therefore, it would not be proper on our part to exercise our writ jurisdiction under Articles 226 and 227 of the Constitution of India. 4. Therefore, we dismiss this petition with liberty to the parties to approach appropriate forum, if permitted under the law, subject to the law of limitation. ( MRIDULA BHATKAR, J.) (J. N. PATEL, J.)