Mrs. Satyavan Tukaram Rane v. The Assistant Registrar, Co-Operative Societies And ORS

23.wp6757.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6757 OF 2014 Mr. Satyavan Tukaram Rane.

..Petitioner.

Vs.

The Assistant Registrar, Co-operative & ors.

..Respondents Mr. S.C. Kanojia, advocate for the Petitioner. Ms. Nisha Mehra, AGP for State.

CORAM : RANJIT MORE & SMT.SADHANA S. JADHAV, JJ DATE : SEPTEMBER 12, 2017 P.C.

Heard the learned Counsel for the Petitioner and the learned AGP for the Respondents.

The Petitioner challenges recovery certificate under section 101 of the Co-operative Societies Act and attachment order pursuant thereof by filing this Writ Petition under the Article 226 of the Constitution of India. Learned Counsel for the Petitioner does not dispute that the order impugned is revisable under section 154 of Cooperative Societies Act. The learned Counsel further submits that the impugned orders are exparte and Talwalkar

23.wp6757.14 therefore, he has approached this Court directly under Article 226 of the Constitution of India. We are unable to accept the submission as even exparte order can be challenged under section 154 of the Cooperative Societies Act. In the above circumstances, we are not inclined to entertain this Petition. The Petition is dismissed. The Petitioner is however at liberty to challenge the impugned order by filing revision application and in the event there is any delay in filing revision application, the Petitioner is entitled to get the benefit of provisions of Section 14 of the Limitation Act. [SMT.SADHANA S. JADHAV,J] [RANJIT MORE, J] Talwalkar