Khushalchand Moolchand Jain v. State Of Maharashtra And ORS.

39.wp6028.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6028 OF 2016 Khushalchand Moolchand Jain.

..Petitioner.

Vs.

The State of Maharashtra & ors.

..Respondents Mr. Ajit Anekar i/b. Auris Legal, advocate for the Petitioner. Mr. A.I. Patel, AGP for State.

Ms. Vinita Melvin i/b. Raval Shah & Co., advocate for the Respondent Nos. 2 and 3.

CORAM : RANJIT MORE & SMT.SADHANA S. JADHAV, JJ DATE : 21ST AUGUST, 2017 P.C.

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

Admittedly the orders impugned in the Petition are revisable under section 154 of the Maharashtra Cooperative Societies Act, 1960. In that view of the matter, we are not inclined to entertain this Petition. The learned Counsel for the Petitioner states that if the Petitioner is directed to file revision application, same would not be entertained unless deposit 50% of the decreetal amount under clause (2) of section 154 of the Talwalkar

39.wp6028.16 Maharashtra Cooperative Societies Act, 1960 is made. In our opinion, that cannot be the ground to entertain this Petition. In the light of the above, the Petition is dismissed with liberty to the Petitioner to challenge the orders impugned in this Petition under section 154 of the Maharashtra Cooperative Societies Act, 1960. [SMT.SADHANA S. JADHAV,J] [RANJIT MORE, J] Talwalkar