(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 10967 OF 2010 1. Dattatraya s/o. Madhav Dighe, Age : 46 years, Occupation : Business. 2. Suryabhan s/o. Baburao Dighe, Age : 47 years, Occupation : Business. 3. Vishnu s/o. Baburao Dighe, Age : 48 years, Occupation : Business. 4. Yashwant s/o. Radhakrushna Dighe, Age : 24 years, Occupation : Business. 5. Sharda w/o. Ramesh Shinde, Age : 49 years, Occupation : Household. Petitioner Nos.1 to 5 all R/o. Dhanore, Post : Songaon, Taluka : Rahuri, Dist. Ahmednagar. 6. Lalakhan s/o. Gafurkhan Pathan, Age : 54 years, Occupation : Agriculture. 7. Gabaji s/o. Balirao Kothule, Age : 55 years, Occupation : Agriculture. (2) 8. Baburao s/o. Kashinath Dhepe, Age : 59 years, Occupation : Agriculture. Petitioner Nos. 6 to 8 all R/o. Nibhere, Post Nilore, Taluka : Rahuri, Dist. Ahmednagar. 9. Nachiket s/o. Shankar Dighe, Age : 28 years, Occupation : Service, R/o. At post Loni, Taluka : Rahata, District : Ahmednagar. 10. Shivnath s/o. Bhausaheb Vikhe, Age : 57 years, Occupation : Service. 11. Ramrao s/o. Baburao Vikhe, Age : 45 years, Occupation : Service, Petitioner Nos.10 and 11 both R/o. At post Loni (Bk.), Taluka : Rahata, Dist. Ahmednagar. 12. Shankar s/o. Baban Shinde, Age : 32 years, Occupation : Service. 13. David Fakira Paldhadmul, Age : 51 years, Occupation : Business. Petitioner Nos.12 and 13 both R/o. At post Satral, Taluka : Rahuri, District : Ahmednagar. .. Petitioners. (3) versus 1. Balasaheb s/o. Kisan Dighe, Age : 50 years, Occupation : Agriculture. 2. Sau. Usha w/o. Balasaheb Dighe, Age : 40 years, Occupation : Household. 3. Kum. Rupali d/o. Balasaheb Dighe, Age : 23 years, Occupation : Education. 4. Amit s/o. Balasaheb Dighe, Age : 23 years, Occupation : Education, Respondent Nos.1 to 4 all R/o. Dhanore (Songaon), Taluka : Rahuri, Dist. Ahmednagar. 5. Kai. Swatantrya Sainik Vithal Mahadu Dighe Patil Gramin Bigar Sheti Sahkari Pat Sanstha Maryadit Dhanore, Post Songaon, Taluka : Rahuri, District : Ahmednagar, Through its Secretary, Vishnu s/o. Baburao Dighe, Age : 45 years, Occupation : Service, R/o. Dhanore, Taluka : Rahuri, District : Ahmednagar. .. Respondents. ....................... (4) Mr. V.B. Anjanvatikar, Advocate, holding for Mr. V.D. Hon, for the petitioners. Mr. S.S. Jadhavar, Advocate, for respondent nos.1 to 4. Respondent no.5 served (Absent). ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 2ND MAY 2011 COURT'S ORDER : 1. Heard learned Counsel for respective parties. None for respondent no.5 though duly served. 2. Rule. Rule made returnable forthwith. Heard finally with consent. 3. The petitioners have challenged the order dated 19-10-2010, passed by the District Consumer Disputes Redressal Forum, Ahmednagar, in Complaint No. 283/2010. 4. The controversy is covered by judgment of this court dated 23-12-2010, in Writ Petition No. 5223/2009. This court (5) has held that District Consumer Forum cannot fasten personal liability against Managing Committee members and piercing of veil is possible only through the provisions of Maharashtra Cooperative Societies Act, 1960. That judgment has been followed by me in some matters and recently in Writ Petition No. 8658/2010 on 28th April 2011. 5. In the circumstances, impugned order permitting recovery against person or property of Managing Committee members is quashed and set aside. The respective consumers are free to effect recovery of their dues from Society. 6. Writ Petition is, thus, partly allowed. Rule is made absolute accordingly. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp10967