Shrivallabh Radhakisan Karwa v. State Of Maharashtra And ORS.

hvn 506-wp-5136.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5136 OF 2017 Shrivallabh Radhakisan Karwa

...Petitioner

vs.

State of Maharashtra and Ors.

...Respondents

Mr.Ritesh Thobde for the Petitioner Mr. V.P. Malvankar, AGP for the Respondent State. CORAM :

SHANTANU KEMKAR & M.S. SONAK, JJ.

JULY 21, 2017 P.C.:

Not on board. Taken on production board, in view of the urgency.

2.

Challenging the communication dated 3.5.2016 Exhibit. H received from the second respondent, the petitioner has filed this petition. According to the petitioner, the petitioner is not covered under the provisions of the Maharashtra Money Lenders Act, 2014. It is his case that in regard to the aforesaid, the petitioner had submitted a detailed representation on 20.4.2016 Exhibit. G but the same has been rejected by the second respondent by observing that it has got jurisdiction to go ahead with the proceedings. It is not in dispute that against any decision or any final order if passed by the second respondent, the same can be challenged in appeal under the provisions of the said Act. In the

hvn 506-wp-5136.2017 circumstances, we are not inclined to interfere in this matter at this stage. However, it is observed that the said findings recorded by the second respondent on 3.5.2016 are only tentative findings and it will be open for the said authority or the appellate authority, if required to have different view and conclusion.

3.

With the aforesaid observations, petition is disposed of. (M.S. SONAK, J.) (SHANTANU S. KEMKAR, J.)