1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 7534 OF 2009 Mahavir Urban Co­operative Bank Ltd. ...Petitioner Vs. Rajendra Abhutmal Shah & Ors. ...Respondents Mr. R.V.Govilkar, Advocate for the Petitioner Mr.G.S.Godbole i/b. Mr. S.S.Kanetkar, Advocate for Respondents 1 to 5 CORAM : SMT.ROSHAN DALVI, J. DATED : 24TH FEBRUARY, 2010 P.C. : 1. Rule. Rule is made returnable forthwith. 2. An interim application has been decided by the Co­operative Court, Solapur which granted an interim injunction restraining the Petitioners herein from discussing the subject of resignation of the Directors of the Petitioners herein who are Respondents 1 to 6. 3. In Appeal filed by the Petitioners herein the Co­operative Appellate Court 2 has considered the evidence on merits with regard to the acceptance of the resignation of the Respondents 1 to 6 as the Directors of the Petitioners and has dismissed the Appeal. The main dispute in the Co­operative Court is now required to be heard. It need hardly be stated that the parties are required to produce their oral as well as documentary evidence and prove their respective contentions. The essential contention of the Petitioners herein is the proof with regard to the resolution passed at the Board Meeting on 29th May 2009, the Minute Book of which is relied upon by the Petitioners. That would be required to be proved in evidence and considered by the learned Co­operative Court on merits. 4. Consequently, the interim order of the Appellate Court cannot, would not and shall not be considered for arriving at the decision on merits. 5. Rule is made absolute accordingly. (SMT.ROSHAN DALVI, J.)