Saras Urban Co-Op Credit Soc. Ltd v. Divisional Joint Registrar Co. Soc. And ORS

k 62 wp 16011.22 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16011 OF 2022 Saras Urban Co-op Credit Soc. Ltd.

....Petitioner

Versus

Divisional Joint Registrar Co-op. Soc. Pune & Ors. ....Respondents ...

Mr. Nagesh Chavan i/b Ms. Yogita V. Lanjekar, for Petitioner. Mr. P.P. Pujari, AGP for Respondent Nos.1 and 4. ...

CORAM

: SANDEEP V. MARNE, J.

DATE : SEPTEMBER 26, 2023 P.C.:

1.

By this Petition, Petitioner-Society challenges order dated 11 May 2022 passed by the Divisional Joint Registrar, Co-operative Societies, Pune rejecting Revision Application No.387 of 2021 as well as order dated 29 November 2021 passed by the Special Recovery Officer.

Perusal of the order passed by the Special Recovery Officer would indicate that the Petitioner-Society has already been granted liberty to seek possession of unmortgaged property by following the procedure prescribed under the provisions of the Maharashtra Co-operative Societies Act, 1960 (the Act) as well as the Maharashtra Co-operative Societies Rules, 1961, (the Rules). Instead of following the said procedure, the Petitioner-Society has unnecessarily litigated before the Divisional Joint Registrar and now before this Court.

katkam 1/2

k 62 wp 16011.22 as.doc Since the remedy of attaching and selling the unmortgaged property is already granted in favour of the Petitioner-Society, it is not necessary to entertain the present Petition. The Writ Petition is accordingly disposed of with a liberty to the Petitioner-Society to proceed in respect of unmortgaged property as per the provisions of the Act and Rules. (SANDEEP V. MARNE, J.) katkam 2/2