Shriram Infrastructure Builder And Developer Through Its Partners v. Special Recovery Officer, Sharad Sahakari Bank Ltd. And ORS

42-WP-13066-2023.doc Arjun

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13066 OF 2023 Shriram Infrastructure Builder & Developer ...Petitioner Through its Partners

1. Shri. Sanjeev Prabhakar Kulkarni & Anr.

V/s.

Special Recovery Offcerr

...Respondents

Sharad Sahakari Bank Ltd.r & Ors.

Mr. Sandeep S. Salunkher for the Petitioner.

Mr. P. B. Shah i/b Ms. Gunjan Shahr for Respondent Nos.1 & 2.

Mr. A. P. Vanaraser AGPr for the Respondent-State. CORAM :

MADHAV J. JAMDARr J.

DATED :

OCTOBER 23r 2023 P.C.:

1.

The Petitioner in this Writ Petition has challenged the recovery certifcate issued under Section 101 of the Maharashtra Co-operative Societies Actr 1960 (for short "the MCS Act"). 2.

Mr. Shahr learned counsel states that there is an alternate remedy of Revision under Section 154 of the MCS Act. 3.

Accordinglyr the Writ Petition is dismissed in view of availability of alternate remedy.

4.

The Petitioner is at liberty to adopt an appropriate alternate remedy.

42-WP-13066-2023.doc 5.

It is clarifed that this Court has not considered the merits of the caser and all the contentions on merits are expressly kept open.

[MADHAV J. JAMDARr J.]