Vasudev Mirchumal Dec Thr Legal Heir v. The State Of Maharashtra Thr Its Govt. Pleader And ORS

JAYARAJAN ANJAKULATH NAIR Date: 2022.02.26 10:14:33 +0530 JAYARAJAN ANJAKULATH NAIR 1/2 26-27 WP-1955-22+1.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1955 OF 2022 Vasudev Mirchumal (since deceased) through Legal Heir ] ] ... Petitioner Vs.

The State of Maharashtra through it's Government Pleader & Ors.

] ] ... Respondents WITH WRIT PETITION NO.1956 OF 2022 Lakhi Mirchumal Devjani (since deceased) through Legal Heirs ] ] ... Petitioners Vs.

The State of Maharashtra through it's Government Pleader & Ors.

] ] ... Respondents ...

Mr. Filji Frederick with Mr. Vinay Kumar i/b FF & Associates for the petitioners.

Mr. P.V. Nelson Rajan, A.G.P. for the respondent-State. ...

CORAM

: RAVINDRA V. GHUGE, J.

DATED : 24TH FEBRUARY, 2022.

AJN

2/2 26-27 WP-1955-22+1.odt P.C. :- 1.

I have considered the law laid down by the Hon'ble Apex Court in Virudhunagar Hindu Nadargal Dharma Paribalana Sabai & Ors. v. Tuticorin Educational Society & Ors.1 and Genpact India Private Limited v. Deputy Commissioner of Income Tax & Anr.2 2.

When there is a statutory remedy available under Section 154 of the Maharashtra Co-operative Societies Act and sub-clause (2A) mandates deposit of 50% of the amount, I am not entertaining this petition.

3.

The petitioner is granted liberty to immediately take recourse to the statutory remedy available under Section 154 read with Section (2A) of the Maharashtra Co-operative Societies Act. If the revision is filed on or before 11/03/2022, the time spent by the petitioner in this court from 25/01/2022 till 11/03/2022 or the date on which the revision is filed, whichever is earlier, would be a good ground for condonation of delay.

4.

The petition is disposed off.

[RAVINDRA V. GHUGE, J.] (2019) 9 SCC 538 265 (2019) Delhi Law Times 123 (SC) AJN