wp1733-10.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1733 OF 2010 Harsh Rajnikant Shah ... Petitioner. V/s. The C.K.P. Co-operative Bank Ltd. & Ors. ... Respondents. --- Mr. S.G. Deshmukh with Mr. A.J. Kandharkar for the Petitioner. Mr.Kiran Joshi i/by Mr.Sandesh Deshpande for the Respondent No.1. Mr. G.T.Kanchanpurkar for the Respondent No.4. --- WITH WRIT PETITION NO. 2656 OF 2010 Paresh B. Patel ... Petitioner. V/s. The C.K.P. Co-operative Bank Ltd. & Ors. ... Respondents. --- Mr. G.T.Kanchanpurkar for the Petitioner. Mr.Kiran Joshi i/by Mr.Sandesh Deshpande for the Respondent No.1. Mr. S.G. Deshmukh with Mr. A.J. Kandharkar for the Respondent No.4. --- CORAM: G.S. GODBOLE, J. DATED : 28th NOVEMBER, 2011. P.C. : 1 These Writ Petitions arise out of essentially interlocutory wp1733-10.sxw 2 orders passed in dispute filed under Section 91 of the Maharashtra Co- operative Societies Act, 1960 which are pending at the stage of trial. Though the Trial Court has dismissed the application essentially on the ground that the controversy sought to be raised by that Application, will be required to be considered at the time of final hearing of the dispute, the Appellate Court has made certain observations which may have effect on the controversy involved in the suit, which is sought to be adjudicated by the Petitioner. 2 Rule, Rule made returnable forthwith. By consent, the impugned Judgment and Order dated 6th November, 2009 passed by the President, Maharashtra State Co-operative Appellate Court, Mumbai in A.O.No. 215 of 2007 & A.O. No. 216 of 2007 is hereby set aside and the order passed by the Trial Court is maintained. Needless to state that all the contentions of the Petitioner to the effect that according to them they are entitled to be discharged are specifically kept open for being agitated before the Trial Court. The observations of the Trial Court that the Application filed by the Petitioner was pre-mature and that such Application can be considered after the parties led evidence is also upheld. Dispute No. CCT/122 of 2006 in which evidence is already filed by the Disputants is expedited and the wp1733-10.sxw 3 said Dispute shall be disposed of on or before 30th April, 2012. 3 Rule is made absolute in the above terms in both the Petitions. Writ Petitions are disposed off with no order as to costs. [G. S. GODBOLE, J.] .....