ash 1 wp-2066.00 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.2066 OF 2000 The Memon Co-op. Bank Ltd. .. Petitioner Vs Mr.A.M. Hakim and Others. .. Respondents -- Ms Chaitrali Deshmukh i/by Shri V.B. Naik for the Petitioner. CORAM ; A.S. OKA, J DATED : 22ND AUGUST, 2011 ORAL JUDGMENT: . Heard learned counsel appearing for the Petitioner. None appears for the Respondents. 2. The Respondents filed a Dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960 ( hereinafter referred to as “the said Act”) against the Petitioner Bank. An application for interim injunction was made in the said dispute restraining the Petitioner Bank from disturbing the alleged right of membership of the Disputant. The said application for temporary injunction was rejected by the Co-operative Court. Being aggrieved by the said order, the original Disputant preferred an Appeal before the Co-operative Court. The following is the operative part of the impugned order passed on the Appeal. ash 2 wp-2066.00 “The Respondent shall not act on the Resolution expelling the Appellants from membership until the dispute is decided. However, the Respondent Bank is given liberty to take further steps to follow due procedure of law for expelling the Appellants if the Bank wants.” 3. On 30th August, 2008, the Rule was issued on the Writ Petition. By way of interim relief, this Court directed that the impugned order shall remain in abeyance till disposal of the Application for amendment of the Dispute filed by the Disputant. The learned counsel appearing for the Petitioner is not sure whether the main Dispute is still pending and whether the Application for amendment made therein has been decided. 4. This Court had directed that the impugned order shall remain in abeyance till the disposal of the Application for amendment of the Dispute. 5. The Petition need not be kept pending and the same is disposed of by passing the following order: ORDER: (i) If the Application for amendment dated 3rd December, 1999 is still pending, the interim relief granted on 30th August, 2000 will continue to operate till the disposal of the said Application; ash 3 wp-2066.00 (ii) It is obvious that the said Application for amendment is already disposed of, the interim relief will not operate; (iii) All contentions of the parties on merits of the Application for amendment in the pending dispute are expressly kept open. (iv) The Rule is made partly absolute with no orders as to costs. ( A.S. OKA, J )