Bombay High CourtWP/6354/2017disposedoff

Dr. Manoj S/O Budhaji Tayade v. Assistant Registrar Co-Operative Societies, Buldhana And Another

2019-03-01Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.6354 OF 2017 (DR. MANOJ BUDHAJI TAYADE...VS.. ASSISTANT REGISTRAR, COOP. SOCIETIES & ANR.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.M.Ghare, Advocate for Petitioner.

Shri A.M.Kadukar, A.G.P. for Respondent No.1. Shri A.H. Patil, Advocate for Respondent No.2. CORAM : Z.A.HAQ, J.

DATED : MARCH 01, 2019.

Heard.

Undisputedly, the remedy of revision is available under Section 154(2A) of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as "the Act of 1960"), still the petitioner has directly approached this Court under Articles 226 and 227 of the Constitution of India. To test the bonafides of the petitioner, on the earlier date it was inquired from the learned Advocate appearing for the petitioner as to whether the petitioner would deposit 50% of the amount of Recovery Certificate as required while filing revision under Section 154(2A) of the Act of 1960. On instructions, a statement was made on behalf of the petitioner that he would deposit Rs.15,00,000/- with the respondent No.2-Sanstha till 25th February 2019. This is recorded in the order passed by this Court on 24th January 2019. Today, the learned Advocate for the petitioner has stated that the petitioner has not been able to arrange the amount and it is not deposited.

2 wp6354.17 In the above facts, I am not inclined to entertain the petition. The writ petition is disposed accordingly. In the circumstances, the parties to bear their own costs. The petitioner will be at liberty to avail alternate statutory remedy under Section 154(2A) of the Act of 1960, if so advised.

JUDGE RRaut..