:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 9076 OF 2007 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.V.K.Choudhari for the petitioners. Mr.S.S.Patwardhan for respondent nos.1 and 2. Mr.T.S.Ingale, for respondent nos.3 and 4. CORAM: S.C.DHARMADHIKARI, J. DATED: 4TH MARCH, 2008. P.C. P.C. P.C. : : : 1. The order under challenge is passed on the Application for interim injunction preferred under Section 95(4) of the Maharashtra Co-operative Societies Act, 1960. The Trial Court passed an order in the following terms :- "1. Application Exhibit 5 is allowed. 2. Subject to the final decision of the dispute, by way of interim order, the Opponent Nos.3 and 4 are :2: :2: :2: hereby forthwith directed to restransfer amount of Rs.1,56,015/- to Opponent Nos.1 and 3 remitted to them towards contribution of JE Fund of the Disputant Society and upon such transfer, the Opponent Nos.1 and 2 shall recredit amount of Rs.98,007/- in the sugarcane cash credit account and Rs.58,008/- in current account of the Disputant Society. 3. The Opponent Nos.1 and 2 are hereby temporarily restrained from transferring and/or remitting any amount to Opponent Nos.3 and 4 from any account of the Disputant Society towards JE Fund without following due procedure laid down in Section 69A of the M.C.S.Act and Rules 53-A and 53-B of the M.C.S.Rules till final decision of the dispute. 4. Costs shall follow the costs in the main cause. " 2. The lower Appellate Court has passed an order after bearing both sides and going into the rival contentions in the following terms. "1. Appeal No.179/2007 and Appeal No.180/2007 are hereby partly allowed. 2. Accordingly the Clause Nos.1 and 2 of the order dated 3.11.2007 passed below Exhibit-5 in dispute :3: :3: :3: bearing C.C.S.No.856 of 2007 by the Judge, Co-operative Court No.1,Kolhapur are hereby quashed and set-aside. 3. The order Clause No.3 has not been disturbed in this appeal. 4. The Trial Judge shall decide the issue of territorial jurisdiction as a preliminary issue, if it is raised by the parties with specific application. 5. Parties are directed to bear their own costs of both these appeals. 6. The original judgment shall be kept in Appeal No. 179/2007 and true copy thereof shall be kept in Appeal No.180/2007 by way of record." 3. The matter being at an inter-locutory stage, the lower Appellate Court committed no error in modifying the interim order and vacating that part of the Relief granted by the Trial Court, where the Opponent Nos.3 and 4 to the Dispute were directed to forthwith Re-Transfer the amounts which are already remitted to them. Such orders had the effect of finally allowing the dispute. In such circumstances, the lower appellate court’s order calls for no interference. Petition :4: :4: :4: dismissed. 4. However, Mr.Choudhari, pointed out the hardships to the original Disputant and relies upon the averments in the Civil Application in that behalf. Interest of justice would be subserved, if the Trial court is directed to hear and dispose off the C.C.S.No.856 of 2007 as expeditiously as possible and within a period of six months. sd/- *********