Sau. Jardadevi Visarjan Gupta And ORS v. The State Of Maharashtra Thr Dept Of Co Op And ORS

1 21-WP 6959-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6959 OF 2022 Sau. Jardadevi Visarjan Gupta & Ors.

... Petitioners Vs.

The State of Maharashtra, Thr. Department of Cooperation, Mantralaya & Ors.

... Respondents ----- Ms. Manjiri S. Parasnis for the Petitioners.

Mrs. Vaishali Nimbalkar, AGP for Respondents No.1 and 2-State. ----- CORAM: ABHAY AHUJA J.

DATE : 14TH JULY 2022 P.C.:

1.

By this Petition, the Petitioners are challenging the order dated 5th May, 2022 passed by Respondent No.2-Deputy Registrar of Maharashtra Co-operative Societies under Section 101 of the Maharashtra Co-operative Societies Act, 1960 issuing a recovery certifcate for a sum of Rs.35,18,231/- along with interest @ 14.5% p.a. against the Petitioners.

2.

Mrs. Vaishali Nimbalkar, learned AGP submits that against this order there is an alternate remedy by way of a Revision available under Section 154 of the Maharashtra Co-operative Societies Act, 1960 and as such the Petition is not maintainable. Mugdha

2 21-WP 6959-22.odt 3.

Ms. Manjiri Parasnis, learned Counsel for the Petitioners confrms that a Revision Application under Section 154 of the Maharashtra Co-operative Societies Act, 1960 has already been fled before the Divisional Joint Registrar of Co-operative Societies after fling of this Petition and prays for appropriate orders be passed.

4.

In my view, the Petitioner having availed of an alternate remedy by fling application under Section 154 of the Maharashtra Co-operative Societies Act, 1960, cannot be permitted to pursue this Petition. Accordingly, the Writ Petition is dismissed. No costs. (ABHAY AHUJA, J.) Digitally signed by MUGDHA M PARANJAPE Date:

2022.07.15 15:55:34 +0530 MUGDHA M PARANJAPE Mugdha