Ashok Shankarrao Lagad v. The State Ofmaharashtra Thr Its Ministry Of Co Op And ORS

55 WP 13392.23.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BHALCHANDRA GOPAL DUSANE BHALCHANDRA GOPAL DUSANE Date: 2023.11.02 18:33:05 +0530 WRIT PETITION NO.13392 OF 2023 Ashok Shankarrao Lagad

...Petitioner

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr. V.H. Narvekar for Petitioner.

Mr. Vijay Patil a/w Mr. Mohan Tekavde, Mrs. Swati Tekavde, Ms. Sanjana Shivkar, Mr. Yash Lotlikar, Ms. Tejal Shinde i/by ADI Legal for Respondent Nos. 4 and 5.

Mrs. V.S. Nimbalkar, AGP for Respondent Nos. 1 to 3 and 7.

CORAM:

MADHAV J. JAMDAR, J.

DATE:

1st November 2023 P.C.:

1.

Heard Mr. Narvekar, learned counsel appearing for the Petitioner, Mr. Patil, learned Counsel appearing for Respondent Nos. 4 and 5 and Mrs. Nimbalkar, learned AGP for Respondent Nos. 1 to 3 and 7.

2.

The challenge in this petition is to the legality and validity of the order dated 25th May 2022 passed by Divisional Joint Registrar, Co-operative Societies, Pune Division, Pune in Revision Application No.148 of 2021.

1/1

55 WP 13392.23.doc 3.

At the outset, it is to be noted that the impugned order is dated 25th May 2022 and the petition has been filed on or about 12th September 2022. Learned Counsel appearing for the Petitioner candidly admits that no explanation has been given for the delay.

4.

Apart from above, admittedly in this matter recovery certificate has been issued under Section 101 of the Maharashtra Co-operative Societies Act. The Petitioner is the guarantor. The said recovery certificate has not been challenged by the borrower, who is Respondent No. 6 as well as by the guarantor i.e. the Petitioner.

5.

Accordingly, no interference under Article 227 of the Constitution of India is warranted. The Writ Petition is dismissed, however, with no order as to costs. (MADHAV J. JAMDAR, J.) 2/2