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Bombay High CourtWP/5386/2017disposed off

Madan Rajaram Borkar v. The State Of Maharashtra And Others

2025-09-26Hon'Ble Shri Justice Mehroz K. Pathan1 pages

2025:BHC-AUG:27305 {1} 924 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5386 OF 2017 Madan Rajaram Borkar ....Petitioner

VERSUS

The State Of Maharashtra And Others .....Respondent .....

Advocate for the Petitioner : Mr. Kotkar Sanjay D. AGP for Respondents: Mr. Nitin D. Aute, h/f. Mr. D.B. Thoke. CORAM : MEHROZ K. PATHAN, J DATE : 26th SEPTEMBER, 2025.

P.C. :- 1.

Present petition was filed challenging the Recovery Certificate issued under Section 101 of the Maharashtra Cooperative Societies Act, 1960, dated 26.12.2011.

2.

Notices were issued on 24.4.2017 and the respondents have filed their appearance. Mr. Nitin Aute, holding for Mr. D.B. Thoke, Advocate for the respondent Nos. 4 and 5, had submitted that the entire amount due as per the Recovery Certificate dated 26.11.2011 has not been paid by petitioner Madan Rajaram Borkar. 3.

He tenders the Account Statement of Mr. Madan Rajaram Borkar, describing the amount paid from 1.4.2011 to 26.9.2025. Same is taken on record and marked "X" for identification. 4.

In view of the said submission, that the petitioners hare already paid back the amount due to the respondent Bank, the petition has become infructuous. Writ petition is, therefore, disposed of as such, as the cause of action does not survive.

[MEHROZ K. PATHAN] JUDGE.

grt/-