1 2906.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2906 OF 2010 Late Smt.Malatibai Vasantdada Patil Gramin Bigar Sheti Sahakari Pathsanstha Ltd. & Ors. ...Petitioners Versus State of Maharashtra & Ors. ...Respondents ...... Mr.K.S.Patil for Petitioners. Mr.P.A.Pol, P.P. for State. ...... CORAM:- A.M.KHANWILKAR & P.D. KODE, JJ. DATED :- OCTOBER 13, 2010. P.C. 1. The grievance of the Petitioners is that the Petitioner Society has taken over Ajantha Nagari Sahakari Patsanstha Limited against whom the complaint was filed before the Consumer Forum. The Consumer Forum had passed the order against the said Society on 26th June 2008, whereas, the merger of the said Society with the Petitioner Society was effected on 27th July 2009. Considering this fact, the question of proceeding against the Petitioner Society or the Directors of the Petitioner Society, does not arise. However, it is fairly accepted before us that the Petitioner Society took over the said 2 2906.10.sxw Ajantha Nagari Sahakari Patsanstha Limited along with the liabilities of that Society. If it is so, the Petitioner Society would become primarily responsible to discharge the liability of the Respondent in the original proceedings filed before the Consumer Forum. 2. The argument before us is that the Directors of the Petitioner Society cannot be made responsible for the acts of commission and omission of the Directors of the erstwhile Society or for that matter, the erstwhile Society itself. This argument overlooks that the Petitioner Society having taken over the liability of the erstwhile Society and the liability being a continuing liability till the amount is paid or until it becomes time barred claim, the Directors of the Petitioner Society can be proceeded against for the penalties under Section 27 of the Consumer Protection Act, 1986. 3. At this stage, Counsel for the Petitioner submits that since the Petitioner has approached this Court at the stage of issuance of show-cause notice, the Petitioners may be 3 2906.10.sxw permitted to withdraw this Petition with liberty to agitate all contentions before the appropriate Authority or Court. 4. In the circumstances, Petition is allowed to be withdrawn with liberty as prayed. (P.D.KODE, J.) (A.M.KHANWILKAR, J.)