Venkateshwara Transport And Travels Sol Prop Mahesh A Kupade And ANR v. Palus Co-Op Bank Ltd And ORS

9_WP_8173_25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8173 OF 2025 Venkateshwara Transport & Travels, Sole proprietor Mahesh Annasaheb Kupade & anr. ... Petitioners vs.

Palus Co-operative Bank Ltd. and others ...

Respondents Mr. Sandeep Kumar Singh for petitioners.

Mr. V. B. Rajure for respondent No.1-Bank.

Advocate S. S. Patwardhan, i/b. Ms. Mrinal A. Shelar for respondent No.2. Ms. Savina R. Crasto, AGP for respondent No.4-State. CORAM : MANISH PITALE, J.

DATE :

24th JUNE, 2025 P.C. :

.

Heard Mr. Singh, learned counsel for the petitioners. 2.

By this petition, the petitioners intend to directly challenge an order passed under Section 101 of the Maharashtra Co-operative Societies Act, 1960. By the said order, a recovery certificate has been issued against the petitioners for amounts due from them, in the context of loan advanced by the respondent-cooperative bank to the petitioners.

3.

The legislative scheme shows that under Section 154 of the aforesaid Act, a remedy of revision is available to the petitioners. It is perhaps because sub-section 2A thereof mandates that the party filing revision application must deposit 50% of the amount due, that the present petition has been filed, to circumvent the said requirement. The same cannot be permitted.

by PRIYA KAMBLI Date:

2025.06.25 10:46:21 +0530 PRIYA KAMBLI 1/2

9_WP_8173_25.doc 4.

In view of the alternative remedy available to the petitioners, the writ petition is dismissed.

5.

Needless to say, the petitioners would be at liberty to avail such alternative remedy strictly in accordance with law. (MANISH PITALE, J) Priya Kambli 2/2