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Bombay High CourtWP/2553/2023disposed off

Ambika Industries Through Its Proprietor Deepak Prakash Raka v. The State Of Maharashtra Through Its Principal Secretary And Others

2023-03-14Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 WRIT Petition NO.2553 OF 2023 AMBIKA INDUSTRIES THROUGH ITS PROPRIETOR DEEPAK PRAKASH RAKA

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS .....

Advocate for Petitioner : Mr. S.S. Thombre.

AGP for Respondent Nos. 1 to 4: Mr. S.P. Tiwari .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 14th MARCH, 2023.

PER COURT :- 1.

The learned A.G.P. submits that the District Deputy Registrar, Co-operative Societies, Beed is no longer the Administrator of Respondent No.6 Bank. There is an elected body which has now taken the charge. Hence, leave to delete Respondent No.4. Deletion be carried out forthwith. Respondent Nos. 5 and 6 be renumbered as 4 and 5.

2.

The Petitioner has put forth prayer clauses B, C and D, as under:- "B) By issuing a writ of mandamus or any other appropriate writ, order or directions in the like nature, direct the Respondent nos.4 to 6 to grant the benefit of one time settlement scheme to the petitioner as per the government resolution dated

wp2553.23 -213.08.2021 and 06.06.2022 and for that purpose issue necessary orders;

C) By issuing a writ of mandamus or any other appropriate writ, order or directions in the like nature, the Respondent nos.2 and 3 to direct the Respondent nos. 4 to 6 to give the benefit of the one time settlement scheme as per the government resolution dated 13.08.2021 and 06.06.2022 to the petitioner and for that purpose issue necessary orders;

D) By issuing a writ of certiorari or any other appropriate writ, orders or directions in the like nature, the impugned notices issued by the Respondent no.5 dated 17.02.2023 and 18.02.2023 may kindly be quashed and set aside and for that purpose issue necessary orders;"

It is prayed that the bank may be directed to consider the request of the Petitioner at the earliest.

3.

In view of the above, this Petition is disposed off. Let Respondent No.5-Bank, by following the due procedure as laid down in law, consider the application of the Petitioner, dated 10.5.2022 in the light of the Government Resolutions dated 13.8.2022 and 6.6.2022, preferably, within 60 days.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/