Virendra Badriprasad Shahu v. State Of Maharashtra, Deputy Registrar, Coopertive Societies (City-Ii), Nagpur And Others

1 wp405.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 405/2019 Virendra Badriprasad Shahu ..VS..

State of Maharashtra & ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.K. Tambde, Advocate for the petitioner Shri S.A. Ashirgade, Addl. GP for the respondent no. 1 CORAM : Z.A.HAQ, J.

DATED : 22/02/2019 The petitioner has challenged the order passed by the Deputy Registrar, Co-operative Societies under Section 101 of the Maharashtra Co-operative Societies Act 1960, issuing certificate for recovery of amount of Rs. 15,17,294/- and the expenses. The petition was listed before this Court on 23/01/2019. On 23/01/2019, a submission was made that according to the petitioner, he is liable to pay an amount of Rs. 4,50,000/- which included interest till December, 2018. A submission was made on behalf of the petitioner that amount of Rs. 4,50,000/- would be deposited with the respondent no. 2 - Co-operative Society till 20/02/2019. Today, the learned advocate for the petitioner states that the petitioner is made aware about the order but the petitioner has not contacted the advocate and therefore he is not in position to point out whether amount of Rs. 4,50,000/- is deposited with the respondent no. 2 - Co-operative Society.

2 wp405.19 With the assistance of the learned advocate for the petitioner, I have examined the material placed on record of the petition. I find that the learned Deputy Registrar, Cooperative Societies has considered all the relevant documents i.e. the promissory note, agreement between the parties and the statement of account, and has found that the petitioner is liable to pay an amount of Rs. 15,17,294/- to the respondent no. 2 - Co-operative Society and the expenses incurred by it i.e. Rs. 11,529/-. The learned advocate for the petitioner has not been able to point out any infirmity or illegality in the impugned order which necessitates interference by this Court in the extra-ordinary jurisdiction.

The writ petition is dismissed. No costs.

JUDGE Ansari