Laxmi Nagri Sahakari Patsanstha Ltd Through Special Recovery Officer v. The Deputy Registrar Co Operative Societies Dhule And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 925 WRIT PETITION NO. 10717 OF 2018 LAXMI NAGRI SAHAKARI PATSANSTHA LTD

VERSUS

THE DEPUTY REGISTRAR CO OPERATIVE SOCIETIES AND ORS AND 941 WRIT PETITION NO. 10747 OF 2018 LAXMI NAGRI SAHAKARI PATSANSTHA LTD

VERSUS

THE DEPUTY REGISTRAR CO OPERATIVE SOCIETIES AND ORS ...

Advocate for Petitioners : Shri Hon Ashwin V. AGP for Respondent 1 : Shri Yadav S.R.

...

CORAM : RAVINDRA V. GHUGE, J.

Dated: September 26, 2018 ...

PER COURT :- 1.

The petitioners / financial institutions are aggrieved by the impugned order dated 20.4.2018, passed by the Deputy Registrar, Cooperative Societies, by which the two applications of the petitioners dated 3.7.2018 in Recovery Application No.452 and 455 of 2009 seeking leave to add the L.Rs. of deceased respondent No.6, have been rejected on the ground that the Recovery Certificate under Section 101 of the Maharashtra Cooperative Societies Act, has already been issued in favour of the petitioners and it can approach the competent authority. akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - WRIT PETITION NO. 10717 OF 2018 AND ANR 2.

The learned AGP points out that the petitioners have a statutory efficacious remedy under Section 154 of the said Act by approaching the Divisional Joint Registrar of the Cooperative Societies, Nasik. 3.

In view of the above, both these petitions are disposed off with liberty to the petitioners to avail of the said remedy. The time spent by the petitioners in this Court from 28.8.2018, shall be considered as a good ground for condonation of delay, if any. Digitally signed by Ajay Kishanrao Losarwar Date:

2018.09.27 14:35:05 +0530 Ajay Kishanrao Losarwar ( RAVINDRA V. GHUGE, J. ) ...

akl/d