Nilesh Vasant Mate v. Shri. Sant Tukaram Nagri Saha. Patasanstha Ltd. And ORS.

1/2 wp-5060-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5060 OF 2018 ...

Nilesh Vasant Mate

...Petitioner

v/s.

Shri Sant Tukaram Nagri Saha.Patsanstha Ltd. And ors.

...Respondents

...

Mr.Aditya Barthakur i/b Nilesh Joshi for the Petitioner. Mr.Pramod Pawar for the Respondents Nos.1 & 2. ...

CORAM : A.A. SAYED & M.S.KARNIK, JJ.

DATED : 18 JULY 2018 P.C.:

The Petitioner is essentially challenging the order of attachment dated 22-03-2018. The Petitioner would have an alternate remedy under Rule 107(19) of the Maharashtra Co-operative Societies Act, 1960. So far as prayer clause (c) of the Petition is concerned, the remedy of the Petitioner would also lie elsewhere. It is pointed out by the learned Counsel for the Respondents Nos.1 & 2 that the Petitioner has not even challenged the Recovery Certificate by invoking the remedy of Revision before the Divisional Joint Registrar.

Uday.P.Kambli 1/2

2/2 wp-5060-18.doc 2.

In the circumstances, we are not inclined to entertain the Petition. The Petition is dismissed leaving it open for the Petitioner to resort to appropriate remedy available in law. No order as to costs. (M.S.KARNIK,J.) (A.A.SAYED, J.) Digitally signed by Uday Prabhakar Kambli Date:

2018.07.24 15:59:01 +0530 Uday Prabhakar Kambli Uday.P.Kambli 2/2