M/S. Tanna Trading Co. Through Pro. Shri. Gangaram C. Tanna v. Janta Sahakari Bank Ltd. Satara And ORS.

(25) wp-6292.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6292 OF 2016 M/s. Tanna Trading Co.

Through Proprietor Gangaram Chapsingh Tanna : Petitioner.

versus Janta Sahakari Bank Ltd, Satara & ors.

: Respondents.

Mr. Tanaji Mhatugade for the Petitioner.

Mr. S D Rayrikar, AGP, for the Respondent Nos.2 and 4. CORAM :

R. M. SAVANT, J.

DATE :

28th February 2017 P.C.

The Order dated 07/11/2014 passed by the Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur dismissed the Revision Application filed by the Petitioner is taken exception to by way of the above Writ Petition.

The Petitioner's property has been auctioned for recovering the outstanding loan amount from the Petitioner. The Petitioner did not challenge the certificate issued under Section 101 of the Maharashtra Co-operative Societies Act, nor did the Petitioner challenge the auction proceedings, but filed the Revision Application against the sale which was effected in favour of the auction purchaser.

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(25) wp-6292.16 The Divisional Joint Registrar having regard to the aforesaid fact held that the Revision filed challenging the sale of the property by the Bank could not be questioned by way of Revision.

In my view, having regard to the aforesaid conspectus of facts, the order passed by the Revisionary Authority rejecting the Revision on the ground of its maintainability cannot be found fault with. No case for interference in the writ jurisdiction of this Court is made out. The above Writ Petition is accordingly dismissed.

[R.M.SAVANT, J] lgc