0806wp3832.09.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR WRIT PETITION NO. 3832 OF 2009 (Manora Taluka Sahkari Shetaki Kharedi Vikri Samiti Ltd., Manora Vrs. Smt. Sarswati B. Thakre) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order C ORAM : R. M. BORDE, J. DATED : 08/6/2010 By this petition the petitioner-Society challenges the order passed by Cooperative appellate Court dismissing the appeal presented by petitioner-society and confirming order passed by Cooperative Court granting stay to the execution and operation of order passed by the Society on 23/12/2008. Admittedly, the respondent is an elected Director of the petitioner-Society. The contention of the petitioner is that the respondent, in spite of service of notice, has remained absent for three consecutive meetings of the Managing Committee and as such taking recourse to the provisions of bye-laws of the Society, the respondent has been removed from membership of the Committee by issuing order in that behalf. The order in respect of disqualification of the respondent and her consequent removal is a subject-matter of challenge in Dispute No. 775 of 2098 presented before the Cooperative Court at Amravati. The request for grant of stay to the order in respect of disqualification and consequential removal from the Directorship was considered favourably by the Cooperative Court and the order issued by the Society was stayed. The petitioner-society being aggrieved by the order 0806wp3832.09.odt 2/2 passed by the Cooperative Court, at an interlocutory stage has challenged the same by preferring an appeal No. 44 of 2009 to the Cooperative appellate Court, Nagpur Bench, Nagpur and after considering the rival contentions of the parties, the Cooperative appellate Court was pleased to dismiss the appeal. I have perused the order passed by both the Courts below. It is not controverted that the dispute is pending before the Cooperative Court and the controversy involved in the matter is required to be settled by the Cooperative Court. A grievance is made by the petitioner that the Cooperative Appellate Court has recorded certain observations while disposing of appeal which are likely to influence decision making process of the Cooperative Court. In the peculiar facts and circumstances of the case, the ends of justice would be met if the Cooperative Court is directed to decide the pending dispute as expeditiously as possible and preferably within six months from today. The observations made by Cooperative appellate Court while deciding the appeal shall not be taken into account by the Cooperative Court while dealing with the matter and Cooperative Court shall decide the dispute on its own merits and in accordance with law. In the circumstances, the writ petition stands dismissed. However, the Cooperative Court is directed to decide Dispute No. 775 of 2008 as expeditiously as possible and preferably within six months from today. JUDGE wwl