Ashok Sakharam Athawale v. The State Of Maharashtra And Others

{1} wp363-14 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 363 OF 2014 Shaikh Khalili Shaikh Dagdu PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS WTIH WRIT PETITION NO. 364 OF 2014 Ashok Sakharam Athawale PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS WTIH WRIT PETITION NO. 365 OF 2014 Sakharam Dashrath Sable PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. N. P. Bangar, Advocate for the petitioners Mr. P. N. Kutti, AGP for respondent - State Mr. D. L. Vakil, Advocate for respondents No.3 and 4 .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 11 th APRIL, 2022 ORDER :

1.

In fact, the petitioners have challenged recovery certificates issued under section 101 of the Maharashtra Cooperative Societies Act, though ostensibly the order of attachment issued against them is impugned in the present writ petitions.

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The petitioners have alternate efficacious remedy to challenge the impugned orders before appropriate forum under the provisions of the Maharashtra Co-operative Societies Act. This Court, while issuing notices, by order dated 13th January, 2014, directed the petitioners to deposit Rs.40,000/- in writ petitions No. 363 of 2014 and 365 of 2014 and Rs.30,000/- in writ petition No. 364 of 2014, which the petitioners have deposited in this Court.

3.

Writ petitions are dismissed with liberty to the petitioners to avail alternate remedy. All the contentions of the petitioners are kept open.

4.

The amounts deposited by the petitioners in this Court pursuant to order dated 13th January, 2014 be returned back to the petitioners.

5.

Interim relief granted by this court shall continue to operate for a period of four weeks from today. 6.

Pending civil applications stand disposed of. [NITIN B. SURYAWANSHI] JUDGE drp/wp363-14