Sanjay Tractor And Spare Parts Stores Thor. Proprietor Shri. V. S. Wani v. Deputy Registrar Of Co-Operative Societies Solapur

12-wp3557-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3557 OF 2025 Sanjay Tractor & Spare Parts Stores, through Proprietor Mr. V.S. Wani ... Petitioner V/s.

Deputy Registrar of Cooperative Societies, Solapur & Ors.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2025.03.10 16:57:19 +0530 Ms. Bhagyashri R. Mangale for the petitioner. Ms. Alka A. Nadkarni, AGP for the State.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 10, 2025 P.C.:

1.

Challenge in this writ petition is to a certificate issued under Section 101 of the Maharashtra Cooperative Societies Act, 1960 ("MCS Act") against the petitioner. According to the petitioner, the amount of loan which is the subject matter of certificate had not been obtained by the petitioner. Moreover, opportunity as required under Rule 86 was not conferred on the petitioner. However, Full Bench of this Court in Shireen Sami Gadiali v. Spenta Coop. Housing Society Limited (2011 (3) Mh.LJ 486) has held that the remedy of revision under Section 154 is now as of right and the present case is not covered by the exception mentioned in the said Full Bench judgment.

12-wp3557-2025.doc 2.

Therefore, in my opinion, the proper remedy for the petitioner is to approach revisional authority under Section 154 of the MCS Act after complying with Section 154(2A) of the MCS Act. Hence, no interference in the impugned order is called for. 3.

The writ petition accordingly stands dismissed. No costs. (AMIT BORKAR, J.)