Nav Maharashtra Sahakari Soot Girani Ltd Thr. Chairman Abhay @ Raju Magdum v. State Of Maharashtra Thr. Secretary Co-Op. Dept. And ORS

3-ASWP-1518-2022.DOC Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1518 OF 2022 Nav Maharashtra Sahakari Soot Girani Ltd through its Chairman Abhay @ Raju Magdum

...Petitioner

Versus

The State of Maharashtra & Ors

...Respondents

Mr Koregave, for the Petitioner.

Mr AI Patel Addl GP, with RP Kadam, AGP, for Respondent No.1State. Mr S Patwardhan, i/b TS Ingale, for Respondent No.4.

CORAM

G.S. Patel & Madhav J. Jamdar, JJ.

DATED:

4th March 2022 PC:- 1.

The only appropriate remedy for the Petitioner is to file a civil suit for redemption of the mortgage or the similar reliefs and to seek a reconveyance of mortgage property upon establishing that the mortgage debt has been repaid. We cannot grant these reliefs in a Writ Petition.

2.

We grant leave to the Petitioner to adopt an appropriate Digitally signed by SONALI MILIND PATIL Date:

2022.03.07 13:05:31 +0530 SONALI MILIND PATIL proceeding in a Court of competent jurisdiction. 4th March 2022

3-ASWP-1518-2022.DOC 3.

We reject the Petition, but do so with this liberty and keeping all contentions open. The dismissal of this Petition will not come on the way of the Petitioner seeking civil remedies. (Madhav J. Jamdar, J) (G. S. Patel, J) 4th March 2022