Brijratan Govinddas Mohta v. Government Of Maharashtra, Thr. Divisional Registrar, Cooperative Societies, Nagpur And Others

2025:BHC-NAG:4043 21-WP-4626-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4626 OF 2021 (Brijratan Govinddas Mohta Vs. Government of Maharashtra, through its Divisional Registrar & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S.K. Tambde, Counsel for the petitioner.

Mr. S.B. Bissa, A.G.P. for respondent nos. 1 and 2/State. Mr. R.A. Bhandakkar, Counsel for respondent no.3. .....

CORAM : ANIL L. PANSARE, J.

APRIL 21, 2025 Heard.

2] The petitioner intends to challenge issuance of recovery certificate issued under Section 101 of the Maharashtra Co-operative Societies Act, 1960 (for short "Act of 1960") by the Registrar of Society.

3] The learned A.G.P. and the learned Counsel for respondent no.3 submits that remedy under Section 154(2A) of the Act of 1960 is available.

4] At this stage, the learned Counsel for the petitioner submits that revision is filed and is pending before respondent no.1. He further submits that the petitioner has deposited 50% amount of recovery certificate before this Court in terms of order dated 2/1/2023.

5] That being so, the purpose will be served if the petitioner is allowed to pursue remedy under Section 154(2A) of the Act of 1960. Order accordingly. The

21-WP-4626-2021 amount deposited in this Court shall be remitted to respondent no.3.

6] The petition is disposed of in above terms.

No costs.

(ANIL L. PANSARE, J.) Sumit