Ashok Gajanan Dumbre v. The State Of Maharashtra, Through Secretary, Dept Of Co-Operation, Marketing And Textile And ORS

ppn 1 906.wp-11709.13 & ors.do

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11709 OF 2013 along with WRIT PETITION NO.11710 OF 2013 along with WRIT PETITION NO.11423 OF 2013 Ashok Gajanan Dumbre .. Petitioner Vs.

State of Maharashtra & Ors.

.. Respondents --- Mr.Shailendra Kanetkar for the petitioner in all petitions. Mr.S.D.Rayrikar, AGP for the respondent no.1. Mr.Navnath Tambde for the respondent nos.2 & 3. --- CORAM : R.D. DHANUKA, J.

DATE : 26th June 2018 P.C.:

.

The petitioner has impugned the order passed by the Divisional Joint Registrar rejecting the revision application filed by the petitioner in all these petitions on the ground that the respondents had not complied with the mandatory requirement of deposit of 50% of the dues under Section 154 (2A) of the Maharashtra Co-operative Societies Act, 1960 (for short "the said Act."

2.

Mr.Kanetkar, learned counsel for the petitioner in all petitions states that the petitioner has not impugned the recovery certificate but has impugned the order of attachment of joint family property of the petitioner and also the salary being drawn from the Government. This issue is no longer res integra. This Court in catena of

ppn 2 906.wp-11709.13 & ors.do the judgments has held that such situation is also covered under Section 154 (2A) of the said Act. It is made clear that since the petitioner did not comply with the mandatory requirement of deposit of 50% of the alleged dues under Section 154 (2A) of the said Act, neither the Divisional Joint Registrar nor this Court has adjudicated upon the matter on merit.

3.

Mr.Kanetkar, learned counsel for the petitioner in all petitions states that this issue is already referred to a larger bench. Since this issue is already decided in number of judgments by the learned Single Judge of this Court and the larger bench is not constituted till date, I do not propose to adjourn these petitions sine die. 4.

Writ petitions are accordingly dismissed. No order as to costs.

R.D. DHANUKA, J.