Suhas Vitthal Dharmadhikari @ Shirsawade v. The State Of Maharashtra Thr. Secretary Of Co-Op Dept. And ORS

1 68 wp 4972 of 2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4972 OF 2022 Suhas V. Dharmadhikari @ Shirsawade ...

Petitioner

Versus

The State of Maharashtra Through the Secretary of Co-op. Dept., Mantralaya, Mumbai and Ors.

...

Respondents .....

Ms.Sheetal M. Ubale i/b. Mr.R.V Bansode, Advocate for the Petitioner.

Mr.S.H. Kankal, AGP for Respondents-State.

.....

CORAM : NITIN JAMDAR AND MANJUSHA DESHPANDE, JJ.

DATE : 19 DECEMBER 2023.

P.C. :

This Petition is filed on 11 February 2022 and the same is pending.

Petition is seeking quashing the demand notice dated 22 October 2021 for initiating the proceedings under Section 101 of the Maharashtra Co-operative Societies Act, 1960. Housing Society. The Petitioner is a borrower of the Respondent-Bank. If any recovery certificate is issued, the Petitioner has a remedy under the RAJESHRI PRAKASH AHER Maharashtra Co-operative Societies Act, 1960, itself. Since the Act RAJESHRI PRAKASH AHER Date: 2023.12.22 17:19:56 +0530 Rajeshri Aher

2 68 wp 4972 of 2022.doc provides for a substantive remedy, it is not necessary for us to interfere in the writ jurisdiction.

Keeping all contentions open, the Writ Petition is disposed of.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.) Rajeshri Aher