Vigorous Hospitalities Services Pvt. Ltd. And ORS v. Dy. Registrar Co Op Soc And ORS

916-WP-9485-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9485 OF 2023 Vigorous Hospitalities Services Pvt. Ltd. and ors.

...Petitioners

Versus

Dy. Registrar, Co-operative Societies and ors.

...Respondents

.........

Mr. Akhil Kupade a/w Ms. Tulsi Dhami for the Petitioner. Mr. S. D. Rayrikar, AGP for the State- Respondent Nos. 1 & 3. Mr. Harish R. Pawar for Respondent Nos. 2 & 4. .........

CORAM : N.R. BORKAR, J.

DATED : 8 AUGUST 2023 P.C. :- The petitioner herein was granted cash credit facility which was later on converted into working capital term loan.

2.

The respondent No. 2 instituted the proceedings under Section 101 of the Maharashtra Co-operative Societies Act as the petitioner defaulted in repayment of the loan amount.

3.

By the impugned order, the respondent No. 1 has issued the recovery certificate in favour of the respondent No. 2 for an amount of Rs. 1,75,73,940/-.

MJ Jadhav 1 / 2

916-WP-9485-23.odt 4.

The learned counsel for the petitioner submits that the respondent No. 1 ought not to have entertained the proceedings filed by the respondent No. 2 under Section 101 of the Act for want of territorial jurisdiction. However, no such objection was raised before the respondent No. 1. Apart from it, there is a remedy of revision available to the petitioner against the impugned order under Section 154 of the Act. I am, therefore, not inclined to entertain the present petition. The Petition is dismissed.

( N.R. BORKAR, J. ) MJ Jadhav 2 / 2