Jalindar Dagdu Mainkar v. Shri Samarth Sahakari Pat Pedhi Maryadit, Dhule And ORS

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7987 OF 2012 (Jalindar Dagdu Mainkar Vs. Shri Samarth Sahakari Patpedhi Maryadit and others) Mr.S.A.Kulkarni h/f Mr.C.R.Deshpande, Advocate for the petitioner. Mrs.M.A.Deshpande, Addl.G.P. for State.

( CORAM : RAVINDRA V. GHUGE AND SUNIL K. KOTWAL, J.J.) DATE : 05/12/2017 PER COURT :

1.

The petitioner, by this petition, seeks execution of the recovery certificate issued by the District Consumer Redressal Forum, Dhule. It is stated that the District Collector at Dhule is supposed to get the said certificate executed.

2.

We have considered the submissions of the learned Advocate for the petitioner and the learned AGP on behalf of the State. None appears for the rest of the respondents.

3.

We find that the recovery certificate is dated 12/05/2010 and the District Collector is yet to execute the same. The certificate dated 12/05/2010 was subject matter of Revision Petition No.27/2010 khs/DEC. 2017/7987

before the State Consumer Disputes Redressal Commission. By its judgment, the said revision petition is said to be allowed only to the extent of clause 8 of the certificate dated 12/05/2010. 4.

We, therefore, allow this petition in terms of prayer clause B and direct the District Collector Dhule to get the certificate dated 12/05/2010, executed by following due procedure of law, save and except clause No.8, as expeditiously as possible and preferably within a period of 3 months from today, subject to there being no other legal impediment.

( SUNIL K. KOTWAL, J. ) ( RAVINDRA V. GHUGE, J.) khs/DEC. 2017/7987