Vinod Kisan Sangale And ORS v. The State Of Maharashtra Thr Government Pleader And ORS

53. WP 15352-2023.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15352 OF 2023 Vinod Kisan Sangale & ors.

.Petitioners Vs.

The State of Maharashtra & ors.

.Respondents Mr. Rupesh Zade a/w. Ms. Priyanka Gupta, Advocate, for the Petitioners Ms. V. S. Nimbalkar, AGP, for Respondent Nos. 1 to 5 - State

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

20.12.2023 P. C.

1.

Heard Mr. Zade, learned Counsel appearing for the Petitioners and Ms. Nimbalkar, learned AGP appearing for Respondent Nos. 1 to 5.

2.

At the outset, Ms. Nimbalkar, learned AGP appearing for Respondent Nos. 1 to 5 - State states that there is an alternate remedy of fling Revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960 to challenge the impugned order. Sub Section (2A) of Section 154 specifcally provides that 50% of the recoverable dues are required to be deposited with Respondent No. 6 - Bank before fling the Revision.

53. WP 15352-2023.doc 3.

The Writ Petition is disposed of in view of availability of an alternate remedy.

4.

It is clarifed that this Court has not considered the merits and all contentions on merits of all parties are expressly kept open.

5.

The Petitioners are entitled for beneft under Section 14 of the Limitation Act, 1963.

(MADHAV J. JAMDAR, J.)