1 ndm 98 wp.8790.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8790 OF 2010 Meher Apartments Co-operative Housing Society Limited. ... Petitioner Vs. The State of Maharashtra and anr. ... Respondents -------- Ms. Mrunalini Vijay Panchal i/b K.H.Halai for the Petitioner. Mr. S.N.Bhosale, AGP for Respondent No.1. -------- CORAM : A.S.OKA, J. DATE : 23 rd November, 2010. P.C. 1 The 2 nd respondent filed a dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960. The Petitioner is the opponent in the said dispute. An application was made by the Petitioner praying for framing the issue of jurisdiction as a preliminary issue. By the impugned order, the learned Judge has rejected the said application. 2 The learned counsel appearing for the Petitioner submitted that the issue of jurisdiction goes to the root of the matter and to avoid harassment to the Petitioner – Society, the said issue ought to have been decided as a preliminary issue. The learned counsel submitted that issue of jurisdiction ought to have been decided as a preliminary issue. 2 3 I have considered the submissions. The application was filed by the Petitioner after the 2 nd respondent filed his affidavit in lieu of examination-in-chief dealing with all the issues. As the dispute was filed in the year 2007, the learned Judge of the Co-operative Court passed a discretionary order declining to try the issue as a preliminary issue. The discretion exercised is proper. No case for interference is made out. Petition rejected. Issue of jurisdiction is kept open. [ A.S.OKA, J ]