Mr. Mohammed Sattar Hanif Shaikh v. New Raigad Co-Operative Credit Society Ltd. Thane And ORS.

526 wp8663-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8663 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Sandesh Deshpande for the Petitioner Mrs.M.S.Bane 'B' Panel Counsel for the respondent no.4 CORAM : K. K. TATED, J.

DATE : JULY 31, 2017 P.C.:

Not on board. At the request of Advocate for the petitioner, matter is taken on board for urgent orders.

Heard the learned counsel for the parties.

By this Petition under Article 227 of Constitution of India, the petitioner challenges the recovery certificate dated 14.3.2016 issued by learned Deputy Registrar, Co-operative Societies, Thane City, Thane in Recovery Proceedings under section 101 of the Maharashtra Co-operative Societies Act, 1960.

The learned 'B' Panel Counsel for the respondent raised preliminary objection about the maintainability of the present Writ Petition. He submits that alternate efficacious remedy is Mohite 1/2

526 wp8663-17 available to the Petitioner to file Revision Application. Hence, there is no substance of entertaining the present Writ Petition.

At this stage, the learned Counsel for the Petitioner submits that his client, Mr.Mohammed Sattar Hanif Shaikh is present in court. He received instruction from his client to withdraw the Writ Petition with liberty to file Revision Application before Revisional authority challenging the impugned order. To that effect, he has given in writing. Same is taken on record and marked "X" for its identification. Same is accepted.

Writ Petition is disposed of as withdrawn with liberty as prayed. No order as to cost.

(K.K.TATED, J.) Mohite 2/2