M/S. Sarvodaya Metal Tin Corporation Through Proprietor Smt. Minaxi R. Shah v. Highway Commercial Centre Premises Co-Op. Soc. Ltd. And ORS

36-wp-2220-2020.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2220 OF 2020 Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.02.13 10:46:33 +0530 SHABNOOR AYUB PATHAN M/s. Sarvodaya Metal Tin Corporation Through Proprietor ... Petitioner V/s.

Highway Commercial Centre Premises Co-op Society Ltd. & Ors ... Respondents None for the Petitioner.

Mr. Rahul Kedar i/by Ms. Savita N. Malkampate, for Respondent No.1 (Through V.C.) Mrs. V. S. Nimbalkar, AGP, for State/Respondent Nos.3 & 4.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 12, 2024 P.C.:

1.

Though the challenge in the writ petition is to the order granting certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960.

2.

On perusal of the record, it appears that the petitioners revision under Section 154 of the Maharashtra Cooperative Societies Act, 1960 has been rejected by the Revisional Authority by the order dated 9 January 2020 for non deposit of 50% of recoverable dues under Section 154 (2) (a) of the Maharashtra

36-wp-2220-2020.doc Cooperative Societies Act, 1960.

3.

Since deposit under Section 154 (2) (a) of the Maharashtra Cooperative Societies Act, 1960 for entertaining revision application challenging certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 is mandatory, no fault can be found with the order of rejection of revision application by the Revisional Authority. Challenge to issuance of certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 directly before this Court cannot be entertained in the absence of availing remedy under Section 154 of the Maharashtra Cooperative Societies Act, 1960. Hence, the writ petition is dismissed. No costs.

(AMIT BORKAR, J.)