Shri. Mahadev Ramchandra Khot v. The State Of Maharashtra And ORS

10 - WP. 9002-18 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 9002 OF 2018 Mahadev Ramchandra Khot ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** Mr. Harshad N. Mirashi, for the Petitioner.

Mr. Y. D. Patil, AGP for Respondent No. 1.

Mr. R. P. Pawar, for Respondent No. 4.

*** CORAM : C. V. BHADANG, J.

DATE : JANUARY 6, 2020 PC :

1.

Heard the learned counsel appearing for the respective parties. The challenge in this petition is to the order dated 25.4.2016 passed by the Assistant Registrar of the Co-operative Societies, Malvan, district Sindhudurg and the order dated 10th October, 2017 passed by the Divisional Joint Registrar of Kokan Division, thereby confirming recovery certificate granted in favour of the fourth Respondent - Bank. 2.

Learned counsel for the Petitioner submitted that Petitioner is ready and willing to pay the amount, and in fact, Petitioner has expressed willingness to pay some amount immediately. He, however, submits that the impugned order is illegal, inasmuch as there is certain 1 / 2

10 - WP. 9002-18 manipulation, which the bank has indulged into. Except this, there are no other contentions raised.

A bare perusal of the order passed by the Divisional Joint Registrar shows that Petitioner had not even filed a reply before the Assistant Registrar, to the Application filed by the fourth Respondent, making out any case of such manipulation. The contentions cannot be considered for the first time before this Court. On hearing the learned counsel for the parties, I do not find that any case for interference is made out. The writ petition is devoid of any merit, and is accordingly dismissed, with no order as to costs.

4.

At this stage, after the order is dictated, the Petitioner, who is present in person, submitted that he may be heard and that he wants to change his advocate. The request cannot be acceded to after the order is dictated and pronounced.

Sd/- C. V. BHADANG, J.

Vinayak Halemath by Vinayak P.

Halemath Date:

2020.01.08 15:57:16 +0530 Vinayak P.

Halemath 2 / 2