Shivanand Shrikant Banchode And ORS v. The Honble Minister For Finance For The State Of Maharashtra And ANR
2024:BHC-AS:47789-DB 17-19-WP-17004-2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17004 OF 2024 Shivanand Shrikant Banchode And Ors.
...Petitioners
Versus
The Hon'ble Minister For Finance And Anr.
...Respondents
WITH WRIT PETITION NO.17006 OF 2024 Shivanand Shrikant Banchode And Ors.
...Petitioners
Versus
The Hon'ble Minister For Finance And Anr.
...Respondents
...
Adv. Anand S. Patil for the Petitioner.
Adv. A. K. Naik, AGP for the Respondent State. Adv. T. J. Kapre, AGP for the Respondent State in WP/17006/2024. ...
CORAM : RAVINDRA V. GHUGE & ASHWIN D. BHOBE, JJ.
DATE : 4th DECEMBER, 2024 Per Court :- 1.
The Appeals preferred by the Petitioners on 30th August, 2024 under the provisions of the Chit Fund Act, 1982, are still pending with Respondent No. 1. By a communication dated 23rd September, 2024, the Deputy Secretary of the Department has stated that the Appeals would not be decided because the State Government contemplates introducing an amendment in the Act.
Harish
17-19-WP-17004-2024.odt 2.
It is well settled that a cause of action needs to be dealt with as per the provisions applicable. Merely because the Act is likely to be amended in the future does not mean that Respondent No. 1 would pile up cases and keep them pending, in anticipation that the Act is likely to be amended.
3.
In view of the above, these Writ Petitions are disposed off with a direction to Respondent No. 1 to deal with the Appeals by following the due procedure laid down in law and by granting a reasonable opportunity of hearing to the stake holders. A reasoned order be passed within a period of 90 days from today. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) Signed by: Harish V. Chaudhari Designation: PA To Honourable Judge Date: 10/12/2024 10:49:47 Harish