1 wp10157.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.10157 OF 2010 Shankarrao s/o Bhausaheb Phulari, Age: 70 years, Occ: Agri., R/o. Phulari Mala, Savedi, Ahmednagar & Ors. ...PETITIONERS VERSUS Ashwini Anant Kulkarni, Age: Major, Occ: Household, R/o. C-25, Andhale Chaure Nagar, M.I.D.C. Ahmednagar & Anr. ...RESPONDENTS WITH WRIT PETITION NO.10158 OF 2010 Shankarrao s/o Bhausaheb Phulari, Age: 70 years, Occ: Agri., R/o. Phulari Mala, Savedi, Ahmednagar & Ors. ...PETITIONERS VERSUS Alka Babasaheb Waybhase, Age: Major, Occ: Household, R/o. Pipe line Road, Savedi, Near Sukhkarta Kirana Shop, Ahmednagar & Anr. ...RESPONDENTS 2 wp10157.10 WITH WRIT PETITION NO.10162 OF 2010 Shankarrao s/o Bhausaheb Phulari, Age: 70 years, Occ: Agri., R/o. Phulari Mala, Savedi, Ahmednagar & Ors. ...PETITIONERS VERSUS Sau. Johrabi Abdul Hamidkhan, Age: Major, Occ: Household, R/o. Patwekar Galli, Maliwada, Ahmednagar & Anr. ...RESPONDENTS WITH WRIT PETITION NO.10163 OF 2010 Shankarrao s/o Bhausaheb Phulari, Age: 70 years, Occ: Agri., R/o. Phulari Mala, Savedi, Ahmednagar & Ors. ...PETITIONERS VERSUS Abdul Hamidkhan Khan Sardar Khan, Age: 50 years, Occ: Retired, R/o. Patwekar Galli, Maliwada, Ahmednagar & Anr. ...RESPONDENTS WITH WRIT PETITION NO.10166 OF 2010 Shankarrao s/o Bhausaheb Phulari, Age: 70 years, Occ: Agri., R/o. Phulari Mala, Savedi, Ahmednagar & Ors. ...PETITIONERS 3 wp10157.10 VERSUS Prashant s/o Rajaram Jasood, Age: 27 years, Occ: Business, R/o. House No.74, Wagh Galli, Nalegaon, Ahmednagar & Ors. ...RESPONDENTS WITH WRIT PETITION NO.10167 OF 2010 Shankarrao s/o Bhausaheb Phulari, Age: 70 years, Occ: Agri., R/o. Phulari Mala, Savedi, Ahmednagar & Ors. ...PETITIONERS VERSUS Smt. Tarabai Jagannath Wanvey, Age: 47 yrs, Occ: Household, R/o. House NO.73 - 425, Pipeline Road, Hudco, Savedi, Ahmednagar & Anr. ...RESPONDENTS ... Mr. P.D. Suryawanshi, Advocate for the petitioners. Mr. S.R. Dheple, Advocate for respondent No.2. Mr. V.S. Bedre, Advocate for respondent No.1 in W.P. No. 10157 of 2010. ... CORAM: S.S. SHINDE, J. DATE : 4TH AUGUST, 2011 PER COURT : The petitioners in Writ Petition No.10157 4 wp10157.10 of 2010 have challenged the impugned order dated 20-10-2008 in Consumer Complaint No. 217 of 2008, in Writ Petition No.10158 of 2010 have challenged the impugned order dated 29-12-2008 in Consumer Complaint No.333 of 2008,in Writ Petition No. 10162 of 2010 have challenged the impugned order dated 06-10-2009 in Consumer Complaint No. 290 of 2009, in Writ Petition No.10163 of 2010 have challenged the impugned order dated 06-10-2009 in Consumer Complaint No. 291 of 2009, in Writ Petition No.10166 of 2010 have challenged the impugned order dated 04-08-2008 in Consumer Complaint No. 223 of 2008 and in Writ Petition No.10167 of 2010 have challenged the impugned order dated 24-07-2008 in Consumer Complaint No. 214 of 2008 passed by the District Consumer Disputes Redressal Forum, Ahmednagar. 2. The learned Counsel appearing for the petitioners submits that the District Consumer Forum, Ahmednagar has no jurisdiction to entertain the complaints, saddling the liability in respect 5 wp10157.10 of payment of dues/damages on the members of the Managing Committee/Directors/Ex-Directors of the Co-operative Societies, as held by this Court in the case of Sau. Varsha Ravindra Isai vs. Sow. Rajashri Rajkumar Chaudhari and others in Writ Petition No. 5223 of 2009. Therefore, the Counsel for the petitioners submits that, these petitions may be allowed. 3. I have heard the learned Counsel for the respective parties. Perused the Judgment in Writ Petition No. 5223 of 2009 and other petitions, delivered on 22-12-2010 and more particularly Para-24 and 25 of the said judgment. This Court, in the aforesaid judgment, has taken a view that the orders passed by the District Consumer Disputes Redressal Forum saddling the liability in respect of payment of dues/damages on the members of the Managing Committee/Directors/past Directors is concerned, the same is erroneous. In short, the District Consumer Disputes Redressal Forum has no jurisdiction to entertain the complaint. 6 wp10157.10 4. In the present case, it is not in dispute that petitioners are the Ex-Directors of respondent No.2 Bhistbaug Gramin Bigar Sheti Sahakari Patsanstha Ltd., Ahmednagar, registered under the provisions of the Maharashtra Co- operative Societies Act, 1960. Though the respondents are served, none appears for them except respondent No.2. Therefore, the position as stated in para-5 of the petition remain undisputed. 5. Therefore, in the light of the judgment of this Court in Writ Petition No.5223 of 2009 and others (supra) and also in Writ Petition No.11541 of 2010 in the case of Jagannath Dayaram Lokhande and others vs. The State of Maharashtra and others and for the same reasons, these petitions deserve to be allowed. . The point raised in these petitions is no 7 wp10157.10 more res integra and is covered by authoritative pronouncement in the case of Sau. Varsha Ravindra Isai vs. Sow. Rajashri Rajkumar Chaudhari & Ors. reported in 2011(3) ALL MR 88. 6. In the result, the petitions are allowed in terms of prayer clause (B) and (C). The orders passed by the District Consumer Forum, Ahmednagar saddling the liability so far the petitioners herein are concerned, is quashed and set aside. 7. It is clarified that the Co-operative Societies / Credit Societies / banks are liable to meet the liability and the orders passed by the Consumer Forum can very well be executed against such banks / co-operative credit societies. 8. The petitions are allowed and disposed of in above terms. sd/- [S.S. SHINDE, J.] sut/AUG11