High CourtsSingle Bench(2022) 03 BOM CK 0051

Mutha Vibhag Sah. Dudh Utpadak Sanstha Maryadit & Ors vs Election Officer & Ors

Bombay High Court · Decided on 19 March 2022

HON’BLE JUDGES
N. J. Jamadar, J
CASE NUMBER
Writ Petition (ST) No. 6971 Of 2022

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Judgment

9 paragraphs · 217 words

N. J. Jamadar, J

1.

Mentioned. In view of urgency the matter is taken up in Chamber.

2.

Heard Mr. Thakare, the learned Counsel for the petitioners.

3.

The challenge in the instant petition is to an order dated 17th March, 2022, passed by the learned Member, Co-operative Appellate Court, in Revision Application No.14 of 2022, whereby the learned Judge was persuaded to allow the revision and set aside the order dated 15th March, 2022, passed by the learned Judge, Co-operative Court No.1, Pune, rejecting the application under Order VII Rule 11 of the Code of Civil Procedure, 1908 (“the Code”) in Dispute No.27 of 2022, and allow the said application and reject the dispute filed by the petitioners under Order VII Rule 11(a) and (d) of the Code.

4.

At this stage, even if the case of the petitioners is taken at par and the impugned order is stayed, the consequence would be, as best, restoration of dispute to the file of the learned Judge, Co-operative Court.

5.

Hence, no ad-interim relief.

6.

Issue notice to the respondents, returnable on 18th April, 2022.

7.

Mr. Patil, the learned Counsel, waives notice for respondent no.3.

8.

To rule out the possibility of prejudice, the result of the election shall be subject to the outcome of this petition.