1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1569 OF 2009 Param Pujya Gagangiri Maharaj Nagari Sahakari Pat Sanstha Maryadit, Sangamner .. petitioners Versus Ramrao Radhu Badhe and 12 others. .. Respondents. --- Mr. R.L. Kute, Advocate for the petitioner Mr. S.K. Shinde, Advocate for the respondents. CORAM : B.R. GAVAI, J. DATE : 17th July, 2009. ORAL ORDER :- 1] Rule. Rule made returnable forthwith. Heard by consent. By way of present petition, the petitioner challenges the order dated 24th December, 2008, vide which the complaint filed by the respondent No.1 bearing Complaint NO. 472/2008 came to be allowed. 2 2] The respondent NO.1 is a member of the petitioner society. He had deposited an amount of Rs. 2 Lakhs with the petitioner bank vide F.D.Receipt Nos. 4712 and 4732, for Rs. 1 lakh each. The amount was due on 23rd August, 2008 and 9th September, 2008, respectively. Since the amount was not paid , a complaint came to be filed by the respondent No.1, which is allowed. Hence, the present petition. 3] Shri Kute, learned counsel for the petitioner submits that since the respondent No.1 was the member of the petitioner society, the Consumer Forum had no jurisdiction in view of Section 91 of the Maharashtra Cooperative Societies Act. He submits that the dispute between a cooperative society and its member are exclusively triable by the Cooperative Court under Section 91 of the Cooperative Societies Act and as such, the order of the Consumer Forum is without jurisdiction. 4] However, during the pendency of the petition, the petitioner has expressed his willingness to repay the amount to the respondent No.1. As such, I am not inclined to go into the larger question raised in the present petition. 5] The petitioner society through its Manager namely, Shri Nandkishor s/o. Sakharam Meher, has filed an undertaking before this court stating therein that the respondent No.1 would be paid deposit of Rs. 1 Lakh (receipt No. 4712) and Rs. 1 Lakh ( Receipt No. 4732) alongwith agreed interest of 11% p.a. for the period mentioned in the receipt till actual 3 realization by the respondent NO.1. A further undertaking is given that the amount would be paid within a period of one year from the date of the undertaking, in 4 equal installments. The said undertaking is taken on record and marked "X" for the purpose of identification. 6] On an unequivocal undertaking given to this court by the petitioner regarding repayment of the amount deposited by the respondent No.1 alongwith its interest, the grievance of the respondent No.1 no more survives. The respondent No.1, therefore, makes a statement that he does not press for the complaint filed before the learned Consumer Forum. In that view of the matter, on the undertaking given by the petitioner to this court, the impugned order dated 24th December, 2008 stands quashed and set aside. So also, the complaint filed by the respondent No.1 is quashed and set aside. 7] Rule disposed of in aforesaid terms, with no orders as to costs. [B.R. GAVAI,J.] Grt/-