Tirumal Venkataiah Madipalli v. State Of Maharashtra Through G.P. And ORS

Basavraj G. Patil Basavraj G. Patil Date: 2020.02.07 15:09:27 +0530 905.30482.19-wpl.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE JURISDICTION Writ Petition (L) No.30482/2019 Tirumal Venkataiah Madipalli ..... Petitioner Vs.

State of Maharashtra & Ors.

..... Respondents Ms. Darshna Maval i/b. White & Brief, Advocate and Solicitor for the Petitioner Mr. A. P. Vanarase, AGP for Respondent Nos.1 and 2. Mr. Drupad S.Patil with B.G.Ligade for Respondent No.3 & 4. Mr. Nilesh Tribhuvann i/b. ChETAN Alai for Respondent No.5.

CORAM:

K.K.TATED & SARANG V. KOTWAL,JJ.

DATED :

FEBRUARY 5, 2020 P.C.

Heard. By this Writ Petition under Article 226 of the Constitution of India, the Petitioner seeks to set aside the certificate dated 10.07.2019 in Application Nos.1040/201819, 1041/2018-19 and 1042/2018-19 granted by the Learned Dy. Registrar u/s.101 of the Maharashtra Cooperative Societies Act, 1960 for recovery of the loan amount from the guarantor.

The learned counsel for Respondent Nos.3 and 4 submits that alternate efficacious remedy is available to the Petitioner to challenge the said certificate. Hence, there is no question of entertaining the Writ Petition. Basavraj G. Patil 1/2

905.30482.19-wpl.odt Considering the submissions made by the learned counsel for Respondent Nos.3 and 4 and as the alternate efficacious remedy is available to the Petitioner, we do not find any reason to entertain the Writ Petition. Hence, the Writ Petition stands rejected with liberty to the Petitioner to challenge the said proceedings before the appropriate authority.

All contentions of the parties are kept open. (SARANG V. KOTWAL, J.) (K.K.TATED, J.) Basavraj G. Patil 2/2