Premlata Shankarlal Gupta And ANR. v. Nalanda Chs Ltd. And ORS.

903-wp1022-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1022 OF 2018 Smt.Premlata S. Gupta & Anr.

...Petitioners

V/s.

Nalanda CHS Ltd. & Ors.

...Respondents

Mr.Raviraj S. Gamare for the Petitioners.

Mr.Harish R. Pawar for the Respondent No.1.

Mr.S.H. Kankal, A.G.P. for the State - Respondent No.2. CORAM : R.D. DHANUKA, J.

DATE : 4TH APRIL, 2018.

P.C. :- 1.

By this petition filed under Article 227 of the Constitution of India, the petitioners have impugned the orders dated 9th November, 2017 passed by the District Deputy Registrar, Co-operative Societies and the recovery certificate order dated 15th September, 2015. 2.

I have heard the learned counsel for the parties and have perused the impugned orders passed by two authorities below. The principal ground of challenge to these two orders is that the society could not have claimed the charges for repair in the maintenance bills issued to the petitioners. It is not in dispute that the society had 1/2

903-wp1022-18 carried out repairs and had passed a resolution for recovery of repair charges from each of the member. All the relevant facts relating to the recovery certificate as well as the order passed by the Revisional Authority are considered by the authorities. None of the orders passed by the authorities is perverse and thus no interference is warranted under Article 227 of the Constitution of India by this Court. 3.

The petition is devoid of merit and is accordingly dismissed. No order as to costs.

(R.D. DHANUKA, J.) 2/2