Shri. Kunjamani K. Krishnadas v. The State Of Maharashtra, Through Secretary, Co-Operation Dept And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5711 OF 2014 Mr. Kunjamani K. Krishnadas ...

Petitioner V/s.

The State of Maharashtra & ors.

...

Respondents Mr. A.H. Palekar for the petitioner.

Mr. P.P. Kakade, AGP for the State.

CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

4th August, 2015.

P.C.

Heard learned Counsel for the parties.

2.

The petitioner claims that he is a Guarantor. He had also approached the revisional authority under Section 154 of the Maharashtra Co-operative Societies Act, 1960. On Failure to pay 50% of the amount due to the Society, the revision application was not entertained by the Divisional Joint Registrar. Learned Counsel submits that in the case of another guarantor namely Mahadev Nathu Pawar though the Divisional Joint Registrar rejected the revision petition but stayed salary attachment of the applicant.

3.

Learned Counsel submits that identical liberty be granted to the petitioner for approaching revisional authority. In the facts of the case, we find that petitioner failed to deposit the statutory amount for

2/2 wp5711.14.sxw entertaining this revision application. In the facts of the case we are not inclined to interfere into the matter. Learned Counsel at this stage submits that petitioner may approach the revisional authority in case the petitioner is in a position to comply with mandatory statutory conditions. The petitioner may resort to appropriate remedy as may be available in law. We do not express any opinion on merits. Petition is disposed of. 4.

In case the petitioner approaches the authority and files delay condonation application, the said application would also be dealt with by the authority in accordance with law.

(S.B. SHUKRE, J.) (NARESH H. PATIL, J.) L.S. Panjwani, P.S.