1/2 18 WP.12662.2026.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12662 OF 2026 Nilesh Madhav Jadhav .. Petitioner Versus The Sassoon Hospital Employees Co- Op Credit Society Ltd & Ors. .. Respondents … Ms Manisha Devkar a/w Mr. Prashant Hagare and Ms Ekta Patil, for the Petitioner. Mr. Ketan Joshi, ‘B’ Panel Counsel a/w Mr. M. M. Pable, AGP, for the Respondent-State. ... CORAM: BHARATI DANGRE & ASHISH S. CHAVAN, JJ. DATE : 01st OCTOBER, 2026 P.C:- 1. When we specifically confronted the learned counsel for the Petitioner with the legal position about our writ jurisdiction being only permitted to be exercised if the authority is either State or its functionality and instrumentality, and as the law has been evolved from time to time, particularly in Zee Telefilms Ltd. & Anr. Vs. Union of India & Ors.1, and crystallized in S. Shoba Vs. Muthoot Finance Ltd.2 the learned counsel for the Petitioner states that she is aware of the legal position. In our view, it is not merely 1 (2005) 4 SCC 649 2 2025 SCC OnLine SC 177 Rushikesh RUSHIKESH VISHNU PATIL Digitally signed by RUSHIKESH VISHNU PATIL Date: 2026.10.05 18:13:24 +0530 2/2 18 WP.12662.2026.odt because loans are advanced, the nature of the functionality of a Credit Cooperative Society becomes ‘public’ in nature. 2. We also quite see the predicament of the Petitioner who make a grievance that the relief which is sought in the Petition that is of granting promotion, do not lie before the Co-operative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960. In any case, we are not here to advise the Petitioner, but we can only refuse to exercise our writ jurisdiction in the wake of the aforesaid. The Writ Petition is dismissed. Needless to state that the Petitioner has liberty to avail such remedies as are available to him in law. (ASHISH S. CHAVAN, J.) (BHARATI DANGRE, J.) Rushikesh