Balasaheb Rambhau Bade v. The District Deputy Registrar And Others

46 W.P. No. 14844-201-(2).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14844 OF 2021 BALASAHEB RAMBHAU BADE

VERSUS

THE DISTRICT DEPUTY REGISTRAR AND OTHERS ...

Advocate for the Petitioner : Mr. Kedar Shrimant R (Absent) AGP for Respondents: Mr. A. S. Shinde Advocate for Respondent No.2 Mr. C. V. Thombre ....

CORAM : S. G. MEHARE, J.

Dated : January 02, 2024 PER COURT :- 1.

In the morning session the learned counsel for the petitioner was called. He did not appear; hence, the matter was adjourned till the second session. The learned counsel for the petitioner did not appear in second sessions also.

2.

The learned counsel for the respondent No.2 submitted that the remedy of the appeal against the impugned order before this Court is available to the petitioner as provided under Section 18(4) of the Maharashtra Money Lending ( Regulation) Act 2014. Since the remedy of appeal is available this Writ Petition may not be considered.

46 W.P. No. 14844-201-(2).odt 3.

Perused the impugned order passed by the learned District Deputy Registrar Co-operative Socities Beed. Section 18(2) of the Maharashtra Money Lending ( Regulation) Act 2014 specifically provided for an appeal against the order or decision of the District Registrar under sub section 2 of Section 18. There appears substance in the submission of the learned counsel for the respondent No.2 that an appropriate remedy of appeal is available to the petitioner. Since the appropriate remedy is available the Writ Petition could not be entertained. Hence the Writ Petition stands dismissed with liberty to the petitioner to prefer an appeal as provided under Section 84 of the Maharashtra Money Lending ( Regulation) Act 2014. ( S. G. MEHARE ) JUDGE ysk