Rajhans Tours And Travels v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2213 OF 2020 Rajhans Tours and Travels, Aurangabad Petitioner

Versus

The State of Maharashtra & others Respondents Mr.R.B.Choure, advocate for the petitioner.

Mr.A.S.Shinde, AGP for Respondents No.1 & 2.

CORAM : ROHIT B. DEO, J.

DATE : 12th February, 2020.

P.C. :

The petitioner preferred an appeal purportedly under the provisions of Section 152 of the Maharashtra Co-Operative Societies Act, 1960 ("the Act"), challenging the notice dated 11.02.2019, whereby the property of the petitioner was sought to be attached for recovery of Rs.17,60,487/-.

It is an admitted position that the basic order of issuance of Recovery Certifcate under Section 101 of the Act is not challenged. The petitioner contends that the order under Section 101 of the Act was not challenged since the said order was passed ex parte.

{2} wp2213.20.odt The appeal memo was treated as Revision and by an order dated 16.12.2019, the appeal is dismissed. I am satisfed that the petition is totally misconceived.

The petitioner ought to have challenged the Recovery Certifcate issued under Section 101 of the Act, which the petitioner has not done till date. The petitioner cannot be permitted to challenge the attachment order on the specious plea that the Recovery Certifcate is issued ex parte. Even if it is assumed for a moment that the Recovery Certifcate was issued ex parte, nonetheless, the same would have to be set aside in appropriate proceedings.

Petition is dismissed.

ROHIT B. DEO JUDGE adb