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Bombay High CourtWP/11103/2015disposed offdismissed for default

Pratap Haridas More v. The Divisional Joint Registrar Cooperative Societies Latur And Others

2019-08-22Hon'Ble Shri Justice Ravindra V. Ghuge3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11103 OF 2015 PRATAP HARIDAS MORE

VERSUS

THE DIVISIONAL JOINT REGISTRAR COOPERATIVE SOCIETIES LATUR AND OTHERS Mr.A.N.Irpatgire, Advocate for the petitioner. Mr.S.P.Tiwari, AGP for respondent Nos. 1,2,3 and 5. Mr.G.M.Shingare, Advocate for respondent No.4. ( CORAM : Ravindra V.Ghuge, J.) DATE : 22/08/2019 PER COURT :

1.

This petition was entertained by the learned Vacation Judge on 06/11/2015 and interim protection was granted to the petitioner. This matter falls under the Maharashtra Money Lending (Regulation) Act, 2014 and Rules framed thereunder.

2.

It has now been settled by this Court that the petitioner has to approach the Registrar (General) under the said Act in view of Section 9. The Registrar (General) is the Commissioner (Cooperation) under the Maharashtra Co-operative Societies Act.

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The learned Advocate for the petitioner submits that since the petitioner has been protected by this Court for the last 4 years, the interim relief be continued until his revision is decided. The learned Advocate for respondent No.4 submits that the protection need not be continued. In the alternative, he submits that the protection could be granted only for 2 weeks.

4.

In view of the above, this petition is disposed off with liberty to the petitioner to prefer a revision u/s 9. In the event, such a revision is filed within 3 weeks from today, the time spent by the petitioner in this Court from 05/11/2015 until 3 weeks from today, would be a ground for condonation of delay. The petitioner can also file an application for interim relief.

5.

If a revision is filed within 3 weeks from today, the ad-interim protection granted by this Court on 06/11/2015 shall continue for a period of 6 weeks from the date of the filing of the revision petition and in this period, the competent authority shall decide the application for interim relief on its own merits. 6.

All the contentions of the litigating sides are kept open.

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The revisional authority would decide the proceeding on or before 31/12/2019. R & P be returned forthwith. ( Ravindra V.Ghuge, J.)