Shri. Gopal Damodar Pandey v. Chairman / Secretary, H. C. C. S Urban Co-Op. Credit Soc. Ltd. And ORS

35. WP 3226-20.doc DDR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3226 OF 2020 GOPAL DAMODAR PANDEY .. PETITIONER vs.

CHAIRMAN/SECRETARY H.C.C.S. URBAN CO-OP.CREDIT SOC. & ORS. .. RESPONDENTS ----------------- Mr. Parth Pandey for petitioner.

Mr. B.A. Shaikh for respondent Nos. 1 & 4.

Mrs. V.S. Nimbalkar, AGP for respondent Nos. 5 to 7. ----------------- CORAM : M.S.KARNIK, J.

DATE : MARCH 12, 2021 P.C.

Heard learned counsel for the parties.

2.

The respondent No.1 - society raised preliminary objection that against the order impugned which is certifcate under Section 101 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as 'the said Act' for short) there is a remedy of a revision under Section 154 of the said Act. He further submits that if the petitioner avails of the remedy, the respondent No.1 will not raise an objection of limitation as the petitioner has been prosecuting this Petition in this Court.

3.

The petitioner is relegated to a remedy of revision. In case revision is fled within a period of four weeks from today, the statement of learned counsel on behalf of the respondent no.1 they shall not raise any objection regarding delay in fling the revision

35. WP 3226-20.doc will be duly considered as the petitioner has been prosecuting the present Petition bonafde in this Court.

4.

Learned counsel for the petitioner submits that he is willing to repay the loan by selling the property. It is always open for him to approach the Bank with necessary proposal which the respondent No.1 can always consider in accordance with their policy in this regard.

Digitally signed by Diksha Rane Date:

2021.03.12 19:37:10 +0530 Diksha Rane 5.

The Writ Petition is disposed of in the above terms. (M.S.KARNIK, J.)