Madhavi Suryakant Kadam And ANR v. Lokmangal Co-Op Bank Ltd And ORS

TRUPTI SADANAND BAMNE 23-wp-11018-2022.odt TRUPTI SADANAND BAMNE Date: 2022.09.28 14:13:11 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11018 OF 2022 Madhavi Suryakant Kadam & Anr.

...

Petitioners

Versus

Lokmangal Co-op Bank Ltd. Solapur & Ors.

...

Respondents .........

Mr. Anant Vadgaonkar for the Petitioners.

Mr. A.B. Tajane for the Respondent Nos. 1 and 2. Mrs. M.S. Bane, AGP for the State.

.........

CORAM : NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.

DATED : 19 SEPTEMBER 2022 P.C. :- Heard the learned Counsel for the parties.

2.

The Petitioners have challenged the recovery certificate issued by Respondent No.3 dated 2 January 2019. The Petitioners have a statutory remedy of revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960.

3.

The learned Counsel for the Petitioners states that the petition be considered as the Petitioners have alleged malafides. Even this ground can be urged before the revisional authority and therefore, there is no reason Trupti 1 / 2

23-wp-11018-2022.odt why the Petitioners cannot agitate the grievance made in this petition before the revisional authority. The revisional authority has a power to condone the delay in appropriate cases. Considering the fact that the property is an agricultural land and if the Petitioners are ready to deposit the amount stipulated, then the revisional authority, in case the issue of delay arises, would consider it sympathetically. 4.

The writ petition is accordingly disposed of. (SHARMILA U. DESHMUKH,J.) ( NITIN JAMDAR, J. ) Trupti 2 / 2