Mr. Babulal Kalulal Jain v. M/S. Precision Fasteners And Components And ANR

Yadav VG 1 86.wp.9983.16.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPEALLATE JURISDICTION WRIT PETITION NO. 9983 OF 2016 WITH CIVIL APPLICATION (ST) NO. 22917 OF 2016 M/s. Precision Fasteners and Components & Anr. ..Vs.. Progressive Co-operative Bank Ltd. & Ors.

Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders.

Court's or Judge's orders Mr. Devendra Avhad I/by. Thodur Law Associates for Petitioners.

Mr. S.D.Rayrikar, AGP for Respondent Nos.1,2,7 and 8.

Mr. Kunal Bhanage for Applicant.

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CORAM

: K. K. TATED, J.

DATE: JUNE 19, 2017.

P.C. :

.

Heard learned Counsel for parties.

2.

By this petition under Section 227 of the Constitution of India, Petitioners are challenging the order dated 27th May, 2015 passed by Respondent No. 5 and Recovery Certificate dated 4th May, 2016 in Recovery Application No. 3480 of 2004 holding that the Petitioners are liable to pay sum of Rs. 16,94,580/- to the Respondent - Bank.

Yadav VG 2 86.wp.9983.16.odt. 3.

The learned AGP Mr. Rayrikar appearing on behalf of State raised preliminary objection about the maintainability of the present Writ Petition. He submit that an alternate remedy is available to the Petitioners under Section 154 of the Maharashtra Co-operative Societies Act, 1960.

4.

Considering the objection raised by the learned AGP and impugned order, I am of the opinion that an alternate remedy is available to the Petitioners to challenge the impugned order. Hence, Writ Petition stand rejected.

5.

The pending Civil Application (St) No. 22917 of 2016 stand disposed of in view of disposal of the Writ Petition.

(K.K.TATED, J.)