Bombay High Court
Mrs. Jyoti W/O Avinash Lavhale vs Smt. Sulochna Gujjar And Oiths on 30 June, 2016
Author: A.S.Chandurkar
Bench: A.S.Chandurkar
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4979 OF 2011
Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monalisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati. ... Petitioner
vs.
1] Usha Jain
aged 60 yrs. Occu. Household
R/o c/o Vikas Jain Near Nandora
Bank, Old Maskasath, Walisaheb
Ward Arvi, Tq. Arvi, Distt. Wardha.
2] Ankur Udaychandji Jain,
aged 27 yrs. Occu.Mobile Shopee,
R/o c/o Vikas Jain Near Nandora
Bank, Old Maskasath, Walisaheb
Ward Arvi, Tq. Arvi, Distt. Wardha.
3] Vikas Vidhyachand Jain,
aged 52 yrs. Occu. Shop.
4] Vinish Vikas Jain, aged about 27 yrs.
Occu. Service R/o c/o Vikas Jain
Near Nandora Bank, Old Maskasath,
Walisaheb Ward Arvi, Tq. Arvi, Distt. Wardha.
5] Liquidator (Previously Chief
Administrator) Jeevan Vikas Nagri
Credit Cooperative Society Limited
Arvi Main Road Dr. Karale Road, Arvi,
Tq. Arvi, Distt. Wardha.
6] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
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Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
7] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gugunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
8] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
9] Arun Jagnarayan Daga,
Director, R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
10] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi, Tq. Arvi, Distt. Wardha.
11] Sangita Dharmesh Agrawal,
Director, R/o Ganapati Ward,
Arvi, Tq. Arvi, Distt. Wardha.
12] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Distt. Wardha.
13] Narayan Laxmanrao Lohe,
Director, R/o Balaji Ward,
Arvi, Tq. Arvi, Distt. Wardha.
14] Rajendra Gajanan Giri,
Director, R/o Station Road,
Arvi, Tq. Arvi, Distt. Wardha.
15] Bhagwati Jugalkishore
Bhati, Director, R/o Mahavir
Ward, Arvi, Tq. Arvi, Distt. Wardha.
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16] Murlidhar Nathmalji Choube,
Director, Near Shaligram
Dharmashala, Arvi, Tq. Arvi, Distt.Wardha.
17] Narayan Parasramji Ghodmore,
Director, R/o Near Vithal Rukhmini
Temple, Khadakpur, Arvi, Tq. Arvi,
Distt. Wardha.
18] Omprakash Chandulalji Chandak
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
19] Abdul Taleeb Sheikh Noor Rizwy,
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
20] Shankarrao Motiram Choukade,
Director, R/o Near Ganesh Theatre
Station Ward, Arvi, Tq. Arvi, Distt. Wardha.
21] Mohd. Ariq Mohd. Habib Nagori
Director, R/o Padmawati Chowk,
Arvi, Tq. Arvi, Distt. Wardha.
22] Harikishan Badrinathji Gahlot,
Director, R/o Near Pratap Bhavan,
Arvi, Tq. Arvi, Distt. Wardha.
23] Shankar Laxmanrao Khandekar,
Director, R/o Khandakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
24] Duryodhan laxmanrao Lohe,
Director R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
25] Durgabai Virendra Sakhare,
R/o Allipur, Tq. Hinganghat, Distt. Wardha.
26] Dilip Parmanand Katiyari,
aged 52 yrs. R/o Lokmanya Ward,
Arvi, Tq. Arvi, Distt. Wardha.
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27] The District Consumer Dispute
Redressal Forum, Wardha. ... Respondents.
WITH
WRIT PETITION NO.5607 OF 2011
Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monolisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati. ig ... Petitioner
vs.
1] Sulochana Gujjar,
aged about 68 yrs. Occu. Retired Teacher,
R/o Duttawadi, Opp. Shirbote's House,
Arvi, Tq. Arvi. Dist. Wardha.
2] Rajni Hiranandan Vishwani,
aged about 48 yrs.
R/o c/o Narayandas Rajpal Mangtani,
Rajpal Mangtani Kirana Store,
Nehru Market, Arvi,
Tq. Arvi, Distt. Wardha.
3] Rani Hirachand Vishwani,
aged about major,
R/o C/o Sunil Katyari,
Bharat Medial Stores,
Arvi, Tahsil Arvi, Dist. Wardha.
4] Swapna R. Rajkumar Keswani
aged about 48 years.
R/o C/o Narayandas Rajpal Mangtani,
Rajpal Mangtani Kirana Store,
Nehru Market, Arvi,
Tq. Arvi, Distt. Wardha.
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5] Chanda Chhatumal Mangtani,
aged about 29 years,
R/o C/o Narayandas Rajpal Mangtani,
Rajpal Mangtani Kirana Store,
Nehru Market, Arvi,
Tq. Arvi, Distt. Wardha.
6] Sarita Ramchandra Katiyari,
aged about 30 years, R/o Raj
Trading Company, Opp. Kanya School,
Pulgaon Road, Arvi, Tq. Arvi,
Dist. Wardha.
7] Suraj Pawankumar Jain
aged about 35 years, presently
R/at Arvi, Tq. Arvi, Dist.Wardha.
8] Liquidator (Previously Chief
Administrator) Jeevan Vikas Nagri
Credit Cooperative Society Limited
Arvi MainRoad Dr. Karale Road, Arvi,
Tq. Arvi, Distt. Wardha.
9] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
10] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gurunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
11] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
12] Arun Jagnarayan Daga,
Director, R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
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13] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi, Tq. Arvi, Distt. Wardha.
14] Sangita Dharmesh Agrawal,
Director, R/o Ganapati Ward, Arvi
Tq. Arvi, Distt. Wardha.
15] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Tq. Arvi, Distt. Wardha.
16] Narayan Laxmanrao Lohe,
Director, R/o Balaji Ward,
Arvi, Tq. Arvi, Distt. Wardha.
17] Rajendra Gajanan Giri,
Director, R/o Station Road,
Arvi, Tq. Arvi, Distt. Wardha.
18] Bhagwati Jugalkishore
Bhati, Director, R/o Mahavir
Ward, Arvi, Tq. Arvi, Distt. Wardha.
19] Murlidhar Nathmalji Choube,
Director, Near Shaligram
Dharmashala, Arvi, Tq. Arvi, Distt.Wardha.
20] Narayan Parasramji Ghodmore,
Director, R/o Near Vithal Rukhmini
Temple, Khadakpura, Arvi, Tq. Arvi,
Distt. Wardha.
21] Omprakash Chandulalji Chandak
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
22] Abdul Taleeb Sheikh Noor Rizwy,
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
23] Shankarrao Motiram Choukade,
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Director, R/o Near Ganesh Theatre
Station Ward, Arvi, Tq. Arvi, Distt. Wardha.
24] Mohd. Ariq Mohd. Habib Nagori
Director, R/o Padmawati Chowk,
Arvi, Tq. Arvi, Distt. Wardha.
25] Harikishan Badrinathji Gahlot,
Director, R/o Near Pratap Bhavan,
Arvi, Tq. Arvi, Distt. Wardha.
26] Shankar Laxmanrao Khandekar,
Director, R/o Khandakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
27] Duryodhan laxmanrao Lohe,
Director R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
28] Durgabai Virendra Sakhare,
R/o Allipur, Tq. Hinganghat, Distt. Wardha.
29] Dilip Parmanand Katiyari,
aged 52 yrs. R/o Lokmanya Ward,
Arvi, Tq. Arvi, Distt. Wardha.
30] The District Consumer Dispute
Redressal Forum, Wardha. ... Respondents.
WITH
WRIT PETITION NO.5608 OF 2011
Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monolisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati. ... Petitioner
vs.
1] Rajendra Shriram Savalakhey,
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aged about 37 years. Occu. Farmer,
2] Chandrakala J. Rajendra Savalakhey,
aged about 32 years. Occu. Household.
3] Vahinabai Shriram Savalakhey,
aged about 60 years. Occu. Household.
Respondent Nos.1 to 3 presently
residing at Pursumal Chowk,
Boribandar Ward, Arvi, Tq. Arvi, Distt. Wardha.
4] Liquidator (Previously Chief
Administrator) Jeevan Vikas Nagri
Credit Cooperative Society Limited
Arvi Main Road Dr. Karale Road, Arvi,
Tq. Arvi, Distt. Wardha.
5] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
6] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gurunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
7] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
8] Arun Jagnarayan Daga,
Director, R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
9] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi, Tq. Arvi, Distt. Wardha.
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10] Sangita Dharmesh Agrawal,
Director, R/o Ganapati Ward,
Arvi, Tq. Arvi, Distt. Wardha.
11] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Tq. Arvi, Distt. Wardha.
12] Narayan Laxmanrao Lohe,
Director, R/o Balaji Ward,
Arvi, Tq. Arvi, Distt. Wardha.
13] Rajendra Gajanan Giri,
Director, R/o Station Road,
Arvi, Tq. Arvi, Distt. Wardha.
14] Bhagwati Jugalkishore
Bhati, Director, R/o Mahavir
Ward, Arvi, Tq. Arvi, Distt. Wardha.
15] Murlidhar Nathmalji Choube,
Director, Near Shaligram
Dharmashala, Arvi, Tq. Arvi, Distt.Wardha.
16] Narayan Parasramji Ghodmore,
Director, R/o Near Vithal Rukhmini
Temple, Khadakpur, Arvi,
Tq. Arvi, Distt. Wardha.
17] Omprakash Chandulalji Chandak
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
18] Abdul Taleeb Sheikh Noor Rizwy,
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
19] Shankarrao Motiram Choukade,
Director, R/o Near Ganesh Theatre
Station Ward, Arvi, Tq. Arvi, Distt. Wardha.
20] Mohd. Ariq Mohd. Habib Nagori
Director, R/o Padmawati Chowk,
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Arvi, Tq. Arvi, Distt. Wardha.
21] Harikishan Badrinathji Gahlot,
Director, R/o Near Pratap Bhavan,
Arvi, Tq. Arvi, Distt. Wardha.
22] Shankar Laxmanrao Khandekar,
Director, R/o Khandakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
23] Duryodhan Laxmanrao Lohe,
Director R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
24] Durgabai Virendra Sakhare,
R/o Allipur, Tq. Hinganghat, Distt. Wardha.
25] Dilip Parmanand Katiyari,
aged 52 yrs. R/o Lokmanya Ward,
Arvi, Tq. Arvi, Distt. Wardha.
26] The District Consumer Dispute
Redressal Forum, Wardha. ... Respondents.
WITH
WRIT PETITION NO.5609 OF 2011
1] Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monalisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati.
2] Dilip s/o Parmanand Katiyari,
aged about major, Occ. Business,
R/o Lokmanya Ward,
Arvi. Tah. Arvi, Dist. Wardha. ... Petitioners
vs.
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1] Prakash Kanhaiyyalal Budhwani,
aged about 52 years.
R/o Budhwani Medical, Main Road,
Arvi, Tq. Arvi. Dist. Wardha.
2] Jyoti Prakash Budhwani,
aged about 51 years.
R/o Budhwani Medical, Main Road,
Arvi, Tq. Arvi. Dist. Wardha.
3] Poonam Budwani alias Poonam Banti
Kumar Mohnani, aged major,
Occ. Household, R/o Radhadrishna Hardware,
Dr Hegdewar Marg, Nandura, Dist. Buldhana.
4] Priya Prakash Budhwani alias Swati
Kailash Ahuja, aged about major,
R/o 111 Dovis Vile Avenue Unit, Toronto,
Canada M4S1G5.
5] Subhash Prakash Budhwani,
aged about 27 years.
R/o Budhwani Medical, Main Road,
Arvi, Tq. Arvi. Dist. Wardha.
6] Tulsibai Kanhaiyyalal Budwani,
aged about 75 years,
R/o Arvi, Tq. Arvi. Dist. Wardha.
7] Kanhaiyyalal Budhwani
aged about 80 years, presently
R/o Arvi, Tq. Arvi. Dist. Wardha.
8] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
9] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
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10] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gurunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
11] Arun Jainarayan Daga,
Director, R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
12] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi, Tq. Arvi, Distt. Wardha.
13] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Tq. Arvi, Distt. Wardha.
14] Sangita Dharmesh Agrawal,
Director, R/o Ganapati Ward,
Arvi, Distt. Wardha.
15] Omprakash Chandulalji Chandak
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
16] Jivas Vikas Nagri Sahakari Pat Sanstha
Limited, Thr. Liquidator, Main Road,
Dr Karale Marg, Arvi, Tah. Arvi,
Dist. Wardha.
17] Haribhau Badridas Gahlot,
R/o Khadakpura Ward, Arvi,
Tq. Arvi, Distt. Wardha.
18] Abdul Talib Sheikh Noor Rizwy,
R/o Balaji Ward,
Arvi, Tq. Arvi, Distt. Wardha.
19] Shankar Rao Laxmanrao Khandekar
R/o Balaji Ward, Arvi,
Tq. Arvi, Distt. Wardha.
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20] Narayan Laxman Lohey,
R/o Balaji Ward,
Arvi, Tq. Arvi, Distt. Wardha.
21] Bhagwati Jugalkishore Bhati,
Director, R/o Shastri Ward,
Arvi, Tq. Arvi, Distt. Wardha.
22] Murlidhar Nathmal Choube,
R/o Goverdhan Ward, Arvi,
Tq. Arvi, Distt.Wardha.
23] Shankarro Motiram Chokadey
R/o Mahdev Ward, Arvi, Tah. Arvi,
Dist. Wardha.
24] Mohd. Ariq Mohd. Habib Nagori
R/o Padmawati Chowk,
Arvi, Tq. Arvi, Distt. Wardha.
25] Narayanrao Parasramji Ghodmare,
R/o Khadakpur, Arvi, Tah. Arvi.
Distt. Wardha.
26] The District Consumer Dispute
Redressal Forum, Wardha. ... Respondents.
WITH
WRIT PETITION NO.5610 OF 2011
Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monolisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati. ... Petitioner
vs.
1] Deepa Murlidhar Motwani
aged 22 yrs.
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2] Seema Murlidhar Motwani,
aged about 25 yrs.
3] Kalabai Shyamdas Motwani,
aged about 65 years.
4] Manisha Satish Kumar Kundnani
aged about 42 years.
R/o c/o Shyamdas Motwani Jyoti Cycle Store,
Opposite Post Office, Arvi,
Tq. Arvi. Distt. Wardha.
5] Himanshu Satish Kumar Kundnani
aged about 19 years.
R/o c/o Shyamdas Motwani Jyoti Cycle Store,
Opposite Post Office, Arvi,
Tq. Arvi. Distt. Wardha.
6] Sandeep Satish Kumar Kundnani
aged about 23 years.
R/o c/o Shyamdas Motwani Jyoti Cycle Store,
Opposite Post Office, Arvi,
Tq. Arvi. Distt. Wardha.
7] Aarti Kodwani alias Sania Ravikumar Motwani
R/o Ramnagar, Camp Chandrapur.
8] Reena Sevakram Kodwani,
aged about major, R/o Lokmanya Ward,
Arvi, Tq. Arvi, Dist. Wardha.
9] Thakurdas Bansilal Mangtani
aged about 43 years, R/o Thakurdas Mangtani
Kirana Store, Nehru Market, Arvi,
Tq. Arvi, Dist. Wardha.
10] Bhojraj Bansilal Mangtani,
aged about 41 years, R/o Thakurdas
Mangtani
Kirana Store, Nehru Market, Arvi,
Tq. Arvi, Dist. Wardha.
11] Chetan Bansilal Mangtani,
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aged about 36 years, R/o Thakurdas Mangtani
Kirana Store, Nehru Market, Arvi,
Tq. Arvi, Dist. Wardha.
12] Chandan Thakurdas Mangtani,
aged about 25 years, R/o Thakurdas Mangtani
Kirana Store, Nehru Market, Arvi,
Tq. Arvi, Dist. Wardha.
13] Liquidator (Previously Chief
Administrator) Jeevan Vikas Nagri
Credit Cooperative Society Limited
Arvi MainRoad Dr. Karale Road, Arvi,
Tq. Arvi, Distt. Wardha.
14] Dr. Vijay s/o Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
15] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gugunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
16] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
17] Arun Jagnarayan Daga,
Director, R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
18] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi, Tq. Arvi, Distt. Wardha.
19] Sangita Dharmesh Agrawal,
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Director, R/o Ganapati Ward,
Arvi, Tq. Arvi, Distt. Wardha.
20] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Tq. Arvi, Distt. Wardha.
21] Narayan Laxmanrao Lohe,
Director, R/o Balaji Ward,
Arvi, Tq. Arvi, Distt. Wardha.
22] Rajendra Gajanan Giri,
Director, R/o Station Road,
Arvi, Tq. Arvi, Distt. Wardha.
23] Bhagwati Jugalkishore
Bhati, Director, R/o Mahavir
Ward, Arvi, Tq. Arvi, Distt. Wardha.
24] Murlidhar Nathmalji Choube,
Director, Near Shaligram
Dharmashala, Arvi, Tq. Arvi, Distt.Wardha.
25] Narayan Parasramji Ghodmore,
Director, R/o Near Vithal Rukhmini
Temple, Khadakpur, Arvi,
Tq. Arvi, Distt. Wardha.
26] Omprakash Chandulalji Chandak
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
27] Abdul Taleeb Sheikh Noor Rizwy,
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
28] Shankarrao Motiram Choukade,
Director, R/o Near Ganesh Theatre
Station Ward, Arvi, Tq. Arvi, Distt. Wardha.
29] Mohd. Ariq Mohd. Habib Nagori
Director, R/o Padmawati Chowk,
Arvi, Tq. Arvi, Distt. Wardha.
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30] Harikishan Badrinathji Gahlot,
Director, R/o Near Pratap Bhavan,
Arvi, Tq. Arvi, Distt. Wardha.
31] Shankar Laxmanrao Khandekar,
Director, R/o Khandakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
32] Duryodhan Laxmanrao Lohe,
Director R/o Khadakpura Ward,
Arvi, Distt. Wardha.
33] Durgabai Virendra Sakhare,
R/o Allipur, Tq. Hinganghat, Distt. Wardha.
34] Dilip Parmanand Katiyari,
aged 52 yrs. R/o Lokmanya Ward,
Arvi, Tq. Arvi, Distt. Wardha.
35] The District Consumer Dispute
Redressal Forum, Wardha. ... Respondents.
WITH
WRIT PETITION NO.5611 OF 2011
Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monolisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati. ... Petitioner
vs.
1] Kishor Aasoldas Thakur,
aged about 55 years.
2] Ravi Kishor Thakur,
aged 25 years.
3] Harumal Aasodamal Thakur,
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aged about 60 years.
4] Kapil Harumal Thakur,
aged about 22 years.
Respondent Nos.1 to 4 presently residing
at Gandhi Chouk, Tq. Arvi. Distt. Wardha.
5] Liquidator (Previously Chief
Administrator) Jeevan Vikas Nagri
Credit Co-operative Society Limited
Arvi Main Road Dr. Karale Road, Arvi,
Distt. Wardha.
6] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
7] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gurunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
8] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
9] Arun Jagnarayan Daga,
Director, R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
10] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi, Tq. Arvi, Distt. Wardha.
11] Sangita Dharmesh Agrawal,
Director, R/o Ganapati Ward,
Arvi, Tq. Arvi, Distt. Wardha.
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12] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Tq. Arvi, Distt. Wardha.
13] Narayan Laxmanrao Lohe,
Director, R/o Balaji Ward,
Arvi, Distt. Wardha.
14] Rajendra Gajanan Giri,
Director, R/o Station Road,
Arvi, Tq. Arvi, Distt. Wardha.
15] Bhagwati Jugalkishore
Bhati, Director, R/o Mahavirig
Ward, Arvi, Tq. Arvi, Distt. Wardha.
16] Murlidhar Nathmalji Choube,
Director, Near Shaligram
Dharmashala, Arvi, Tq. Arvi, Distt.Wardha.
17] Narayan Parasramji Ghodmore,
Director, R/o Near Vithal Rukhmini
Temple, Khadakpura, Arvi,
Tq. Arvi, Distt. Wardha.
18] Omprakash Chandulalji Chandak
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
19] Abdul Taleeb Sheikh Noor Rizwy,
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
20] Shankarrao Motiram Choukade,
Director, R/o Near Ganesh Theatre
Station Ward, Arvi, Tq. Arvi, Distt. Wardha.
21] Mohd. Ariq Mohd. Habib Nagori
Director, R/o Padmawati Chowk,
Arvi, Tq. Arvi, Distt. Wardha.
22] Harikishan Badrinathji Gahlot,
Director, R/o Near Pratap Bhavan,
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Arvi, Tq. Arvi, Distt. Wardha.
23] Shankar Laxmanrao Khandekar,
Director, R/o Khandakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
24] Duryodhan Laxmanrao Lohe,
Director R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
25] Durgabai Virendra Sakhare,
R/o Allipur, Tq. Hinganghat, Distt. Wardha.
26] Dilip Parmanand Katiyari,ig
aged 52 yrs. R/o Lokmanya Ward,
Arvi, Tq. Arvi, Distt. Wardha.
27] The District Consumer Dispute
Redressal Forum, Wardha. ... Respondents.
WITH
WRIT PETITION NO.5612 OF 2011
Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monolisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati. ... Petitioner
vs.
1] Shyamlal Jadamal Makhija
aged about 49 years, Occ. Business,
2] Poonam alias Pooja Shyamlal Makhija,
aged about major, R/o C/o Sunil Katyari,
Bharat Medical Stores, Arvi, Dist. Wardha.
3] Seemabai Ramesh Wadhwa, ,
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aged about 45 years.
Respondent Nos.1 and 3 presently residing
at Rani Laxmibai Ward, Arvi,
Tq. Arvi, Dist. Wardha.
4] Liquidator (Previously Chief
Administrator) Jeevan Vikas Nagri
Credit Cooperative Society Limited
Arvi Main Road Dr. Karale Road, Arvi,
Tq. Arvi, Distt. Wardha.
5] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
6] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gurunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
7] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
8] Arun Jagnarayan Daga,
Director, R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
9] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi, Tq. Arvi, Distt. Wardha.
10] Sangita Dharmesh Agrawal,
Director, R/o Ganapati Ward,
Arvi, Tq. Arvi, Distt. Wardha.
11] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
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Talkies Arvi, Tq. Arvi, Distt. Wardha.
12] Narayan Laxmanrao Lohe,
Director, R/o Balaji Ward,
Arvi, Tq. Arvi, Distt. Wardha.
13] Rajendra Gajanan Giri,
Director, R/o Station Road,
Arvi, Distt. Wardha.
14] Bhagwati Jugalkishore
Bhati, Director, R/o Mahavir
Ward, Arvi, Tq. Arvi, Distt. Wardha.
15] Murlidhar Nathmalji Choube,
Director, Near Shaligram
Dharmashala, Arvi, Tq. Arvi, Distt.Wardha.
16] Narayan Parasramji Ghodmore,
Director, R/o Near Vithal Rukhmini
Temple, Khadakpur, Arvi, Tq. Arvi,
Distt. Wardha.
17] Omprakash Chandulalji Chandak
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
18] Abdul Taleeb Sheikh Noor Rizwy,
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
19] Shankarrao Motiram Choukade,
Director, R/o Near Ganesh Theatre
Station Ward, Arvi, Tq. Arvi, Distt. Wardha.
20] Mohd. Ariq Mohd. Habib Nagori
Director, R/o Padmawati Chowk,
Arvi, Tq. Arvi, Distt. Wardha.
21] Harikishan Badrinathji Gahlot,
Director, R/o Near Pratap Bhavan,
Arvi, Tq. Arvi, Distt. Wardha.
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22] Shankar Laxmanrao Khandekar,
Director, R/o Khandakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
23] Duryodhan Laxmanrao Lohe,
Director R/o Khadakpura Ward, Arvi,
Tq.Arvi, Distt. Wardha.
24] Durgabai Virendra Sakhare,
R/o Allipur, Tq. Hinganghat, Distt. Wardha.
25] Dilip Parmanand Katiyari,
aged 52 yrs. R/o Lokmanya Ward, Arvi,
Tq. Arvi, Distt. Wardha.
26] The District Consumer Dispute
Redressal Forum, Wardha. ... Respondents.
WITH
WRIT PETITION NO.5613 OF 2011
Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monolisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati. ... Petitioner
vs.
1] Indarakumar Lalchand Bhirani,
aged about 49 years, Occ. Service.
2] Vishal Indarakumar Bhirani,
aged about 23 years, Occ. Shop.
3] Neha Indarakumar Bhirani,
aged about 22 years, Occ. Household,
Respondent Nos.1 to 3 presently residing
at Hanuman Ward, Arvi,
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Tq. Arvi, Dist. Wardha.
4] Liquidator (Previously Chief
Administrator) Jeevan Vikas Nagri
Credit Cooperative Society Limited
Arvi Main Road Dr. Karale Road, Arvi,
Tq. Arvi. Distt. Wardha.
5] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
6] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gurunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
7] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
8] Arun Jagnarayan Daga,
Director, R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
9] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi. Tq. Arvi, Distt. Wardha.
10] Sangita Dharmesh Agrawal,
Director, R/o Ganapati Ward,
Arvi, Tq. Arvi. Distt. Wardha.
11] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Tq. Arvi. Distt. Wardha.
12] Narayan Laxmanrao Lohe,
Director, R/o Balaji Ward,
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Arvi, Tq. Arvi, Distt. Wardha.
13] Rajendra Gajanan Giri,
Director, R/o Station Road, Arvi.
Tq. Arvi, Distt. Wardha.
14] Bhagwati Jugalkishore
Bhati, Director, R/o Mahavir
Ward, Arvi, Tq. Arvi. Distt. Wardha.
15] Murlidhar Nathmalji Choube,
Director, Near Shaligram
Dharmashala, Arvi, Tq. Arvi. Distt.Wardha.
16] Narayan Parasramji Ghodmore,
Director, R/o Near Vithal Rukhmini
Temple, Khadakpura, Arvi, Tq. Arvi,
Distt. Wardha.
17] Omprakash Chandulalji Chandak
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
18] Abdul Taleeb Sheikh Noor Rizwy,
Director, R/o Khadakpura Ward, Arvi
Tq. Arvi, Distt. Wardha.
19] Shankarrao Motiram Choukade,
Director, R/o Near Ganesh Theatre
Station Ward, Arvi, Tq. Arvi, Distt. Wardha.
20] Mohd. Ariq Mohd. Habib Nagori
Director, R/o Padmawati Chowk,
Arvi, Tq. Arvi, Distt. Wardha.
21] Harikishan Badrinathji Gahlot,
Director, R/o Near Pratap Bhavan,
Arvi, Tq. Arvi, Distt. Wardha.
22] Shankar Laxmanrao Khandekar,
Director, R/o Khandakpura Ward,
Arvi, Tq. Arvi. Distt. Wardha.
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23] Duryodhan Laxmanrao Lohe,
Director R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
24] Durgabai Virendra Sakhare,
R/o Allipur, Tq. Hinganghat, Distt. Wardha.
25] Dilip Parmanand Katiyari,
aged 52 yrs. R/o Lokmanya Ward, Arvi.
Tq. Arvi, Distt. Wardha.
26] The District Consumer Dispute
Redressal Forum, Wardha. ... Respondents.
ig WITH
WRIT PETITION NO.5614 OF 2011
Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monolisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati. ... Petitioner
vs.
1] Rakesh Rameshkumar Wadhwa,
aged about 25 years,
2] Vikram alias Vicky Ramesh Wadhwa,
aged about 27 years,
3] Seemabai Ramesh Wadhwa,
aged about 45 years,
Respondent Nos.1 to 3 presently residing
at Rani Laxmibai Ward, Arvi,
Tq. Arvi, Dist. Wardha.
4] Liquidator (Previously Chief
Administrator) Jeevan Vikas Nagri
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Credit Cooperative Society Limited
Arvi Main Road Dr. Karale Road, Arvi,
Tq. Arvi. Distt. Wardha.
5] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
6] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gurunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
7] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
8] Arun Jagnarayan Daga,
Director, R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
9] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi. Tq. Arvi, Distt. Wardha.
10] Sangita Dharmesh Agrawal,
Director, R/o Ganapati Ward,
Arvi, Tq. Arvi. Distt. Wardha.
11] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Tq. Arvi. Distt. Wardha.
12] Narayan Laxmanrao Lohe,
Director, R/o Balaji Ward,
Arvi, Tq. Arvi, Distt. Wardha.
13] Rajendra Gajanan Giri,
Director, R/o Station Road, Arvi.
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Tq. Arvi, Distt. Wardha.
14] Bhagwati Jugalkishore
Bhati, Director, R/o Mahavir
Ward, Arvi, Tq. Arvi. Distt. Wardha.
15] Murlidhar Nathmalji Choube,
Director, Near Shaligram
Dharmashala, Arvi, Tq. Arvi. Distt.Wardha.
16] Narayan Parasramji Ghodmore,
Director, R/o Near Vithal Rukhmini
Temple, Khadakpur, Arvi, Tq. Arvi,
Distt. Wardha.
17] Omprakash Chandulalji Chandak
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
18] Abdul Taleeb Sheikh Noor Rizwy,
Director, R/o Khadakpura Ward, Arvi
Tq. Arvi, Distt. Wardha.
19] Shankarrao Motiram Choukade,
Director, R/o Near Ganesh Theatre
Station Ward, Arvi, Tq. Arvi, Distt. Wardha.
20] Mohd. Ariq Mohd. Habib Nagori
Director, R/o Padmawati Chowk,
Arvi, Tq. Arvi, Distt. Wardha.
21] Harikishan Badrinathji Gahlot,
Director, R/o Near Pratap Bhavan,
Arvi, Tq. Arvi, Distt. Wardha.
22] Shankar Laxmanrao Khandekar,
Director, R/o Khandakpura Ward,
Arvi, Tq. Arvi. Distt. Wardha.
23] Duryodhan Laxmanrao Lohe,
Director R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
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24] Durgabai Virendra Sakhare,
R/o Allipur, Tq. Hinganghat, Distt. Wardha.
25] Dilip Parmanand Katiyari,
aged 52 yrs. R/o Lokmanya Ward, Arvi.
Tq. Arvi, Distt. Wardha.
26] The District Consumer Dispute
Redressal Forum, Wardha. ... Respondents.
WITH
WRIT PETITION NO.5616 OF 2011
ig
Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monolisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati. ... Petitioner
vs.
1] Suresh Sadashivrao Kaneri,
aged about 61 years, Occ. Service,
R/o Station Ward, Arvi, Tq. Arvi, Distt. Wardha.
2] Liquidator (Previously Chief
Administrator) Jeevan Vikas Nagri
Credit Cooperative Society Limited
Arvi Main Road Dr. Karale Road, Arvi,
Tq. Arvi. Distt. Wardha.
3] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
4] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
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R/o Behind Gugunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
5] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
6] Arun Jagnarayan Daga,
Director, R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
7] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi. Tq. Arvi, Distt. Wardha.
8] Sangita Dharmesh Agrawal,
Director, R/o Ganapati Ward,
Arvi, Tq. Arvi. Distt. Wardha.
9] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Tq. Arvi. Distt. Wardha.
10] Narayan Laxmanrao Lohe,
Director, R/o Balaji Ward,
Arvi, Tq. Arvi, Distt. Wardha.
11] Rajendra Gajanan Giri,
Director, R/o Station Road, Arvi.
Tq. Arvi, Distt. Wardha.
12] Bhagwati Jugalkishore
Bhati, Director, R/o Mahavir
Ward, Arvi, Tq. Arvi. Distt. Wardha.
13] Murlidhar Nathmalji Choube,
Director, Near Shaligram
Dharmashala, Arvi, Tq. Arvi. Distt.Wardha.
14] Narayan Parasramji Ghodmore,
Director, R/o Near Vithal Rukhmini
Temple, Khadakpur, Arvi, Tq. Arvi,
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Distt. Wardha.
15] Omprakash Chandulalji Chandak
Director, R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
16] Abdul Taleeb Sheikh Noor Rizwy,
Director, R/o Khadakpura Ward, Arvi
Tq. Arvi, Distt. Wardha.
17] Shankarrao Motiram Choukade,
Director, R/o Near Ganesh Theatre
Station Ward, Arvi, Tq. Arvi, Distt. Wardha.
18] Mohd. Ariq Mohd. Habib Nagori
Director, R/o Padmawati Chowk,
Arvi, Tq. Arvi, Distt. Wardha.
19] Harikishan Badrinathji Gahlot,
Director, R/o Near Pratap Bhavan,
Arvi, Tq. Arvi, Distt. Wardha.
20] Shankar Laxmanrao Khandekar,
Director, R/o Khandakpura Ward,
Arvi, Tq. Arvi. Distt. Wardha.
21] Duryodhan Laxmanrao Lohe,
Director R/o Khadakpura Ward,
Arvi, Tq. Arvi, Distt. Wardha.
22] Durgabai Virendra Sakhare,
R/o Allipur, Tq. Hinganghat, Distt. Wardha.
23] Dilip Parmanand Katiyari,
aged 52 yrs. R/o Lokmanya Ward, Arvi.
Tq. Arvi, Distt. Wardha.
24] The District Consumer Dispute
Redressal Forum, Wardha. ... Respondents.
WITH
WRIT PETITION NO.5618 OF 2011
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1] Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monalisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati.
2] Dilip s/o Parmanand Katiyari,
aged about major, Occ. Business,
R/o Lokmanya Ward, Arvi,
Tah. Arvi, Dist. Wardha ... Petitioner
vs.
1] Narendra s/o Gunwantrao Raut,
aged about 39 years, R/o Wawaghad Ward
Arvi, Tah. Arvi, Dist. Wardha.
2] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
3] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
4] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gugunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
5] Arun Jainarayan Daga,
R/o Mahaveer Ward,
Arvi, Tq. Arvi, Distt. Wardha.
6] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi. Tq. Arvi, Distt. Wardha.
7] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Tq. Arvi. Distt. Wardha.
8] Sangita Dharmesh Agrawal,
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Director, R/o Ganapati Ward,
Arvi, Tq. Arvi. Distt. Wardha.
9] Omprakash Chandulalji Chandak,
Director, R.o Khadakpura Ward, Arvi,
Tq. Arvi. Distt. Wardha.
10] Jivas Vikas Nagri Sahakari Pat Sanstha
Limited, Thr. Liquidator, Main Road,
Dr Karale Marg, Arvi, Tah. Arvi,
Dist. Wardha.
11] The District Consumer Dispute
Redressal Forum, Wardha. ig ... Respondents.
WITH
WRIT PETITION NO.5619 OF 2011
1] Jyoti w/o Avinash Lavhale
Aged 43 years, Occ. Household,
R/o Shashikant Niwas behind
Monalisa Complex, Mudholkar Peth,
Amravati, Tq. Amravati.
Dist. Amravati.
2] Dilip s/o Parmanand Katiyari,
aged about major, Occ. Business,
R/o Lokmanya Ward, Arvi,
Tah. Arvi, Dist. Wardha ... Petitioners
vs.
1] Ravindra Ramchandra Kedare,
aged about 40 years,
2] Harish Ramchandra Kedare,
aged about 38 years.
Respondent nos.1 and 2 are presently
residing at Dattawadi, Arvi, Tah. Arvi,
District Wardha.
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3] Dr. Vijay Tikaram Bangde,
R/o above Sanjay Scooters
Near Kashibai Temple Main
Cement Road, New
Shukrawari Nagpur.
4] Mahesh Dayalchand Mehta,
Vice President, Jeevan Vikas
Nagri Credit Coop. Society Ltd.
Arvi, Tq. Arvi, Distt. Wardha.
5] Narendra Bajirao Gawali,
Secretary Jeevan Vikas Nagari
Credit Coop. Society Ltd. Arvi
R/o Behind Gugunanak Dharma
Shala, Arvi, Tq. Arvi, Distt. Wardha.
6] Arun Jainarayan Daga,
R/o Mahavir Ward,
Arvi, Tq. Arvi, Distt. Wardha.
7] Mansing Fattelal Chordiya,
Director, R/o Govardhan Ward,
Arvi. Tq. Arvi, Distt. Wardha.
8] Pravin Annaji Dasarwar,
Director, R/o Near Ganesh
Talkies Arvi, Tq. Arvi. Distt. Wardha.
9] Sangita Dharmesh Agrawal,
Director, R/o Ganapati Ward,
Arvi, Tq. Arvi. Distt. Wardha.
10] Omprakash Chandulalji Chandak,
Director, R.o Khadakpura Ward, Arvi,
Tq. Arvi. Distt. Wardha.
11] Jivas Vikas Nagri Sahakari Pat Sanstha
Limited, Thr. Liquidator, Main Road,
Dr Karale Marg, Arvi, Tah. Arvi,
Dist. Wardha.
12] The District Consumer Dispute
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WP-J-4979-11 35/46
Redressal Forum, Wardha. ... Respondents.
Shri M. G. Bhangde, Senior Advocate with Shri S. N. Tapadia Advocate
for petitioner.
Respondent Nos.1 to 5, 7, 9, 13 to 24 and 26 are served.
Shri N. V. Tapas, Advocate for respondent No.6.
Shri M. P. Karia, Advocate for respondent No.8.
Shri V. T. Deshpande, Advocate for respondent Nos.10 and 12.
Shri M. D. Zoting, Advocate for respondent No.25.
Ms T. J. Khan, Assistant Government Pleader for respondent No.27.
ig CORAM : A.S.CHANDURKAR, J.
DATE : JUNE 30, 2016
Common Judgment :
As the respondents are duly served, the learned counsel for the parties have been heard at length by issuing Rule and making the same returnable forthwith.
The challenge in these Writ Petitions is to the order passed by the District Consumer Redressal Forum, Wardha in separate complaints filed under Section 12 of the Consumer Protection Act, 1986 (for short, the Act of 1986). By this order the petitioner has been held liable to repay the amounts deposited by each complainant with Jeevan Vikas Nagari Co-operative Credit Society Limited in her capacity as Director of the said society.
2. For sake of convenience, facts in W.P.No.4979/2011 are being referred to. The petitioner was a Director of Jeevan Vikas Nagri Credit ::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 36/46 Co-operative Society, Arvi that was registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short, the Act of 1960).
The respondent Nos.1 to 4 filed a complaint before the Consumer Forum under provisions of the Act of 1986 claiming that certain amounts invested by them in fixed deposits had matured but the amounts due were not being repaid by the society. The aforesaid complaint came to be decided on 28/02/2011 holding the petitioner along with others Directors liable to pay the amounts in question. This order is under challenge in the said writ petition. Similar orders passed in Writ Petition Nos.5607/2011, 5608/11, 5610/2011, 5611/2011, 5612/2011, 5613/2011, 5614/2011 and 5616/2011 are also under challenge. In Writ Petition Nos.5609/2011, 5618/2011 and 5619/2011 the petitioner raised an objection to the jurisdiction of the Consumer Forum in execution proceedings filed by the complainant for executing the order passed in the complaint. This objection was raised on the basis of the judgment of this Court in 2011(3) ALLMR 88 Varsha R. Isai vs. Sow.
Rajashri Rajkumar Chaudhari and ors., but the same was not accepted by the Consumer Forum.
3. Shri M. G. Bhangde, the learned senior counsel for the petitioner submitted that the Consumer Forum had no jurisdiction under the Act of 1986 to saddle any liability on a Director of a co-operative ::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 37/46 society registered under provisions of the Act of 1960. According to him, the liability if any, could be determined in proceedings under Section 88 of the Act of 1960 and in so far as the petitioner is concerned such liability to the extent of Rs.3,10,960/- had been determined in proceedings under Section 88 of the Act of 1960. He submitted that the liability of the petitioner was therefore restricted to the aforesaid amount and the petitioner as Director of the said Society could not be held personally liable to pay any amounts that were liable to be paid by the society under the Act of 1986. According to him this legal position stands settled in view of judgment of learned Single Judge in Varsha Ravindra Isai (supra). It was therefore submitted that though a remedy of approaching the State Commission under the Act of 1986 was available to the petitioner, the same was not an efficacious remedy for the following reasons :
(a) The legal position with regard to personal liability of the Directors of a co-operative society under the Act of 1986 was settled in view of the decision in Varsha R. Isai (supra).
(b) In an earlier round of litigation wherein similar issues had arisen pertaining the same co-operative society, the order passed by the Consumer forum under the Act of 1986 was maintained by the National Commission, New Delhi. The said order was challenged before the Honourable Supreme Court and though the Special Leave Petitions were dismissed on 01/02/2010, the question of law was left open. The legal ::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 38/46 position thereafter was decided in Varsha R. Isai (supra) ousting the jurisdiction of the Consumer forum in such matters.
(c) Rule of exhausting an alternate remedy was that of procedure and was not inflexible especially when the challenge is based on the aspect of lack of jurisdiction.
He therefore submitted that as the legal position was now settled, no useful purpose would be served in availing the alternate remedy in this background. In that regard the learned Senior Counsel placed reliance upon the following decisions :
(i) AIR 1958 SC 86 State of Uttar Pradesh vs. Mohammad Nooh
(ii) (1987) 4 SCC 525 Dr Kuntesh Gupta vs. Management of Hindu Kanya Mahavidyalaya, Sitapur.
(iii) 2005(1) Mh. L.J 487 Laxman Vajage vs. Collector, Mumbai
(iv) 1995 (1) Mh. L.J 379 Associated Electrical Agencies vs. Commissioner, Workmen's Compensation and Judge.
(v) 2010 (1) Mh.L.J 782 Bank of Baroda vs. Pune Municipal Corporation.
It was also submitted that the liability of the petitioner was adjudged in proceedings under Section 88 of the Act of 1960 to the extent of Rs.3,10,960/-. This Court had directed the petitioner to deposit a sum of Rs.4,00,000/- in this Court as per order dated 27/01/2012 in W.P.No.5619 of 2011 and the said amount had been deposited by the petitioner. Hence, it was urged that the challenge deserves to be entertained on merits.
::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 39/464. The contesting respondents-complainants though served have not chosen to appear in response to the notice issued to them. Ms T. Khan, the learned Assistant Government Pleader for the respondent No.27 submitted that the writ petitions do not deserve to be entertained as the petitioner had an alternate remedy under the Act of 1986. She submitted that no case had been made out for not availing the alternate remedy under the Act of 1986. If the impugned order was bad in law, the same could be set aside in proceedings under the Act of 1986. She placed reliance upon the following decisions in support of her submissions :
(i) 2010(4) MhLJ 964 Rajkumar Shivhare v. Assistant Director, Directorate of Enforcement and anr.
(ii) 2011(14) SCC 337 Nivedita Sharma v. Cellular Operators ASSN of India and ors.
(iii) 2012(8) SCC 524 Cicily Kallarackal v. Vehicle Factory.
Shri M. P. Kariya, the learned counsel appeared for the respondent No.8.
5. I have given due consideration to the respective submissions and I have gone through the documents filed on record. The objection with regard to availability of alternate remedy can be considered first. In my view, the said objection does not warrant acceptance for the following reasons :
(a) It is not in dispute that against the order passed by the District ::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 40/46 Consumer Redressal Forum, an appeal is maintainable under the Act of 1986. However, the legal challenge raised in all these writ petitions stands answered in view of the judgment of the learned Single Judge in Varsha R. Isai (supra). It has been held in clear terms that a Director of a co-operative society cannot be held personally responsible without observing the procedure under the Act of 1960. Though a society registered under the Act of 1960 can be prosecuted against by filing complaint against it under the Act of 1986, a Director cannot be held responsible for any liability without following the procedure prescribed under the Act of 1960. A similar plea with regard to availability of alternate remedy was also raised in Varsha R. Isai (supra). The said plea was not accepted and it was held that as the orders passed by the Consumer Redressal Forum were without jurisdiction, this Court could exercise jurisdiction despite the availability of an alternate remedy.
(b) The challenge as raised does not involve adjudication of any factual aspect whatsoever. The only question is with regard to applying the law that now stands settled.
(c) Though in the earlier round of litigation, the orders passed by the District Forum were challenged by invoking the remedy under the Act of 1986, the Honourable Supreme Court by its order dated 01/02/2010 had left the question of law open. This question of law now stands answered by the subsequent judgment of learned Single Judge in Varsha ::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 41/46 R. Isai (supra) that was decided on 22/12/2010.
(d) Another relevant aspect is that this Court had entertained the writ petition by issuing notice on 27/01/2012 and till date the complainants before the District Forum have not chosen to oppose the prayers made in the writ petition. Moreover, the petitioner has been put to terms by directing her to deposit an amount of Rs.4,00,000/- in view of the fact that her liability under Section 88 of the Act of 1960 has been adjudicated to the extent of Rs.3,10,960/-.
For these reasons and by applying the law as laid down in State of Uttar Pradesh, Dr Kuntesh Gupta, Laxman Vajage, Associated Electrical Agencies and Bank of Baroda (supra), the writ petition is entertained for being considered on merits.
6. The legal position that can be gathered from the judgment of learned Single Judge in Varsha R. Isai is that in so far as a Director of a co-operative Society is concerned, he cannot be held responsible for paying any amount independent of the liability determined in accordance with the provisions of the Act of 1960. It is further held that to hold the Director responsible de hors the procedure prescribed under the Act of 1960 would be against the principles of co-operation and hence an act without jurisdiction. Once this position is clear, as held in Kuntesh Gupta (supra) if the order under challenge is found to be without ::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 42/46 jurisdiction then the High Court should not insist for the party to avail an alternate remedy. This view has been followed by the Division Bench in Bank of Baroda (supra) as well as by the learned Single Judge in Laxman Vajage (supra).
7. In Rajkumar Shivhare (supra), the Honourable Supreme Court held that a litigant should not be permitted to bypass a statutory remedy of appeal if the same would result in defeating the provisions of the statute. These observations were made in the context of the statutory requirements such as deposit of penalty, payment of court fees or fulfilment of some condition for entertaining the appeal. The aforesaid conclusion was drawn after noticing that in the said case there was no question of any lack of jurisdiction of the Tribunal to entertain the proceedings. Considering the facts of the present case and especially the legal position that a Director of a co-operative society cannot be saddled with personal liability to pay any amount without following procedure as prescribed by the Act of 1960, the ratio of said judgment cannot be made applicable to the case in hand.
In Cicily Kallarackal (supra) a writ petition was entertained by the Kerala High Court challenging the order passed by the National Consumer Disputes Redressal Commission. It was held that an order passed by the National Commission could be challenged only before the ::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 43/46 Honourable Supreme Court and despite said position, the High Court had entertained the writ petition. As a statutory remedy of appeal was available before the Honourable Supreme Court, it was held that the order of the National Commission could not have been questioned before the High Court. In the present case the order under challenge is passed by the District Consumer Forum and the challenge in the writ petition is based on lack of jurisdiction of the Consumer Forum to entertain the complaint for want of jurisdiction. Hence, ratio of aforesaid judgment cannot be made applicable to the facts of the present case.
In Nivedita Sharma (supra) in proceedings filed before the State Consumer Disputes Redressal Commission an interim order passed by it was challenged before the High Court. The said writ petition was entertained by the High Court. The Honourable Supreme Court noted that some of the petitioners had expressed inclination to avail the statutory remedy of appeal against a part of the order passed by the State Commission. Despite this, the High Court entertained the writ petition on merits. The facts of aforesaid case indicate that the High Court entertained certain challenges based on factual aspects. Having found that one of the aggrieved parties had already filed an appeal questioning part of the order passed by the State Commission, the Honourable Supreme Court set aside the order of the High Court. As observed herein above, the challenge in the present writ petition is to the jurisdiction of ::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 44/46 the District Consumer Forum to entertain the complaint and this challenge is based on the legal position which now stands settled. In these peculiar facts therefore, the aforesaid judgment of the Honourable Supreme Court cannot come to the aid of the respondent No.27.
8. As noted above, the position of law stands crystalised in view of the decision in Varsha R. Isai (supra). By the impugned order, the petitioner has been held liable in her independent capacity as a Director of the Co-operative Society to make good the amounts that she has held liable to pay under Section 88 of the Act of 1960. Considering the aforesaid legal position, the petitioner cannot be held responsible in her individual capacity as Director to pay the aforesaid amounts under the Act of 1986. The liability of the petitioner would be that as adjudged in proceedings under Section 88 of the Act of 1960. In that view of the matter, by adopting the reasons assigned in the judgment in the case of Varsha R. Isai (supra) the impugned order is liable to be set aside.
The position is not different in the writ petitions wherein the order passed in execution proceedings is in challenge. The ratio of the decision of the Honourable Supreme Court in Sushil Kumar Mehta (supra) would apply to the facts of the said cases.
::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 45/469. In view of aforesaid, the following order is passed :
(i) The orders passed by the District Consumer Redressal Forum in each writ petition holding the petitioner liable to pay the amounts as adjudicated in the complaints are quashed and set aside. It is, however, made clear that it would be open for the complainants to proceed against the respondent No. 5-Society for executing the orders passed by the District Consumer Redressal Forum in the complaints filed by them.
ii) The amount of Rs. 3,10,960/- which has been determined as the liability of the petitioner under Section 88 of the Act of 1960 shall be made over to the Assistant Registrar, co-
operative societies, Arvi, District Wardha. The remaining amount with interest accrued thereon shall be returned to the petitioner. The Assistant Registrar, co-operative societies, Arvi shall appropriate aforesaid amount as having been paid by the petitioner in proceedings under Section 88 of the Act of 1960.
Rule is made absolute in aforesaid terms in all the writ petitions with no order as to costs.
JUDGE Asmita ::: Uploaded on - 22/07/2016 ::: Downloaded on - 30/07/2016 07:38:55 ::: WP-J-4979-11 46/46 C E R T I F I C A T E " I certify that this Judgment uploaded is a true and correct copy of the original signed Judgment".
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Asmita A. Bhandakkar Personal Assistant. Uploaded on :
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