( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 625 OF 1993 The Shrirampur Dudh Zilla Madhyavarti Vyavsaik Sangh Limited, Babhaleshwar, Tq. Shrirampur, Dist. Ahmednagar. PETITIONER VERSUS Macchindranath Sahakari Dudh Vyavsaik Sanstha Limited, at and post Ranjangaon, Taluka Kopargaon, District Ahmednagar. RESPONDENT AND WRIT PETITION NO. 635 OF 1993 The Shrirampur Dudh Zilla Madhyavarti Vyavsaik Sangh Limited, Babhaleshwar, Tq. Shrirampur, Dist. Ahmednagar. PETITIONER VERSUS Macchindranath Sahakari Dudh Vyavsaik Sanstha Limited, at and post Ranjangaon, Taluka Kopargaon, District Ahmednagar. RESPONDENT .... Mr. R.N. Dhorde, advocate for the petitioner in both the writ petitions. Mr. V.D. Hon, advocate for the respondent in both the writ petitions. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 10th August, 2010] ( 2 ) ORAL JUDGEMENT : 1. These petitions are being disposed of together in as much as the dispute raised both these petitions relate to identical questions of facts and law. 2. The petitioners are aggrieved, in writ petition No. 625/1993, by the decisions of the Cooperative Court and the Cooperative Appellate Court, in Dispute bearing No. SR/ANN/73/83 and Appeal No. 82/210/1989. The dispute raised by the present petitioner i.e. Shrirampur Doodh Zilla Madhyavarti Vyavsaik Sangh Limited before the Cooperative Court under section 91 of the Maharashtra Cooperative Societies Act, 1960 (for short, “the MCS Act”), was that though respondent – Macchindranath Sahakari Dudh Vyavsaik Sanstha Limited, Ranjangaon, was under legal obligation to supply milk to its Sangh as per the agreement dated 23-04-1976, yet, the respondent committed breach of the terms of said agreement and as such, was liable to pay amount of Rs. 1,43,728/- which was the loss caused due to the breach of the terms. The Cooperative Court framed necessary issues and came to the conclusion that the dispute was liable to be dismissed for the reason that the petitioner failed to prove its claim. The petitioner preferred an appeal which also came to be ( 3 ) dismissed. 3. Heard learned counsel for the parties. 4. The question involved in the petitions is whether the petitioner – original disputant was entitled to claim the amount of damages/compensation for the loss allegedly occurred due to breach of the terms of the agreement relied upon by it. It is pertinent to note that the plea of the respondent was that due to bifurcation of Kopergaon Taluka, the entire arrangement was changed and the respondent was required to supply the milk to another Federal Society styled as “Godawari Khore Dudh Sangh Limited”. The respondent contended that the milk was supplied to Godawari Khore Dudh Sangh Ltd in view of the arrangement made between the petitioner and the said Federal Society. Both the Courts below found favour with the respondent for the reason that the respondent did not falter in the work of supply of the milk as such, but it was supplied to another Federal Society. In other words, both the Courts below came to the conclusion that due to change in the circumstances, without committing specific breach of the agreement between the parties with certain intention to cause loss to the petitioner, the mode of supplying the milk was ( 4 ) changed by the respondent. 5. It is true, no doubt, that the parties had agreed regarding supply of milk to the petitioners’ Sangh by the respondent as per the terms of the agreement dated 23-04-1976. The question is whether the respondent intentionally committed default in supply of the milk. It appears, no doubt, that the respondent agreed that without permission of the petitioner, the milk will not be supplied to any other Society or Organisation. The subsequent development may be noticed. There was litigation between the petitioner Sangh and Godawari Khore Dudh Sangh Ltd. In Writ Petition no. 3010/1982, the consent terms were recorded vide Minutes of Order dated 20-11-1991. Under terms of the Minutes of Order, the Societies or Individuals enlisted in the list (Exh-A) were under obligation to supply the milk to the petitioner Society whereas those who were in the list (Exh-B) were to supply milk to the Godawari Khore Dudh Sangh Ltd. It appears, therefore, that due to settlement between the two (2) Federal Societies, whatever was the dispute between the petitioner and other Member Societies also was impliedly given a go-bye. The settlement between the two (2) Federal Societies brought about a truce which impacted the individual members and the Milk Supply Societies. In view ( 5 ) of such development, the claim sought by the Disputant – Federal Society was rightly dismissed by the Cooperative Society. The appellate Court also duly appreciated the relevant aspects of the matter and confirmed the judgement of the Cooperative Court. Considering the concurrent findings rendered by both the Courts below, no interference is called for. Resultantly, both the petitions are dismissed. Interim relief be deemed as vacated. The amount deposited in the Cooperative Court is allowed to be withdrawn, if not withdrawn by the other side. [V.R. KINGAONKAR] JUDGE NPJ/wp625-635-93