Akola Merchant Cooperative Bank Limited, Through Its Chief Executive Officer v. Taluq Deputy Registrar, Cooperative Societies, Akola And 3 Others

2202wp6894.14.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.6894 of 2014 (Akola Merchant Cooperative Bank Ltd., Akola, through its Chief Executive Officer v. Taluq Deputy Registrar, Cooperative Societies, Akola, and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri A.H. Patil, Advocate for Petitioner.

Shri V.P. Gangane, AGP for Respondent No.1.

Shri U.J. Deshpande, Advocate for Respondent Nos.3 and 4. Coram : R.K. Deshpande, J.

Date : 22 nd February, 2016 Heard the learned counsels appearing for the parties. The order impugned passed by the Deputy Registrar, Co-operative Societies, in exercise of his power under Section 101 of the Maharashtra Co-operative Societies Act, 1960, is revisable under Section 154 of the said Act. In view of the existence of alternate and efficacious remedy of filing a revision, no interference is called for in the order impugned in this petition.

The petition is dismissed with liberty to the petitioner-Bank to file a revision application, as is permissible in law.

The revisional authority shall take into consideration the period during which this writ petition was pending before this

2202wp6894.14.odt Court while considering the question of condonation of delay. Gat No.149 admeasuring 1 H 67 R, and Gat No.150 admeasuring 80 R are mortgaged with the petitioner-Bank. The respondents shall not deal with such properties till the matter is decided in revision application to be filed by the petitioner-Bank. No further order is required to be passed.

Judge.

Lanjewar