IN THE HIGH COURT OF JUDICATURE AT BOMBAY: NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1599/2011 MADHUKAR YEOLE ..V.S. AKOLA BULDHANA AND AMRAVATI ZILLA JANGAL KAMGAR SAHAKARI SANSTHA SANGH AND ANOTHER - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Ghate/ Gaoli, advocate for petitioner CORAM : SMT. VASANTI A. NAIK, J. D A T E : MARCH 31, 2011. Heard Shri Ghate, the learned counsel for the petitioner. Both the courts have concurrently held that the petitioner had not made out a prima facie case and since the balance of convenience was also in favour of the petitioner, the petitioner was not entitled to continue on the post of Secretary of the society on which one Mr. Rathod was appointed as an In-charge Secretary. The findings recorded by both the authorities are neither illegal nor perverse. The submission made on behalf of the petitioner that the first appellate authority did not consider, whether the petitioner had actually tendered his resignation voluntarily on 17.1.2008, and hence this court may grant the prayer made in the application for grant of interim relief before the authorities, is liable to be rejected, as the first appellate authority and the cooperative court at Amravati was bound to consider that issue at the time of deciding the dispute filed by the petitioner. Since both the courts had exercised the discretion in refusing to grant interim relief in favour of the petitioner and since this petition arises out of an interlocutory order passed by both the courts, this court declines to interfere with the same in exercise of the writ jurisdiction. The writ petition is therefore dismissed with no order as to costs. At this juncture the learned counsel for the petitioner prays that this court may direct the Cooperative Court to decide the dispute filed by the petitioner within a stipulated period. In the facts and circumstances of the case, the Cooperative Court is directed to decide the dispute as early as possible. JUDGE SMP