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Bombay High CourtWP/12026/2023disposed off

Shri. Aditya S/O Ravindra Kakade And ANR v. The State Of Maharashtra Thru The Prin. Secretary Co-Op. And Textile Dept. And ORS

2023-10-25Hon'Ble Shri Justice Madhav J. Jamdar3 pages

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12026 OF 2023 Aditya S/o. Ravindra Kakade & anr.

.Petitioners Vs.

The State of Maharashtra through the Principal .Respondents Secretary Co-operation & Textile Department, Mantralaya, Mumbai - 32 & ors.

WITH WRIT PETITION NO. 12027 OF 2023 Aditya S/o. Ravindra Kakade & anr.

.Petitioners Vs.

The State of Maharashtra through the Principal .Respondents Secretary Co-operation & Textile Department, Mantralaya, Mumbai - 32 & ors.

WITH WRIT PETITION NO. 12028 OF 2023 Aditya S/o. Ravindra Kakade & anr.

.Petitioners Vs.

The State of Maharashtra through the Principal .Respondents Secretary Co-operation & Textile Department, Mantralaya, Mumbai - 32 & ors.

WITH WRIT PETITION NO. 12029 OF 2023 Abhilash S/o. Ravindra Kakade .Petitioner Vs.

The State of Maharashtra through the Principal .Respondents

Secretary Co-operation & Textile Department, Mantralaya, Mumbai - 32 & ors.

WITH WRIT PETITION NO. 12030 OF 2023 Aditya S/o. Ravindra Kakade .Petitioner Vs.

The State of Maharashtra through the Principal .Respondents Secretary Co-operation & Textile Department, Mantralaya, Mumbai - 32 & ors.

Mr. Pankaj P. Deokar, Advocate, for the Petitioners Smt. V. S. Nimbalkar, AGP, for the Respondent - State Ms. Siddhi Bhosale, Advocate, for Respondent No. 4 in all the Petitions

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

25.10.2023 P. C.

1.

Ms. Bhosale, learned counsel appearing for Respondent No. 4 states that the Petitioners have not complied with the order dated 27.09.2023 passed by this Court by which the Petitioners were directed to deposit 50% of the amount as contemplated under Section 154(2A) of the Maharashtra Co-operative Societies Act, 1960.

2.

Mr. Deokar, learned counsel appearing for the Petitioners fairly states that the total dues which are subject matters of these fve Petitions are about Rs. 2,25,00,000/-

(Two Crores and Twenty Five lakhs).

3.

In all the Petitions, the Petitioners have impugned Recovery Certifcate issued under Section 101 of the Maharashtra Co-operative Societies Act, 1960. There is an alternate remedy for the Petitioners.

4.

Accordingly, no interference is warranted under Article 227 of the Constitution of India.

5.

The Writ Petitions are dismissed, as there is an alternate remedy.

6.

It is clarifed that this Court has not considered the merits of the Petitions and all the contentions in that behalf are expressly kept open.

(MADHAV J. JAMDAR, J.)