Kailas Balasaheb Hagawane v. The State Of Maharashtra Thr. The Divisional Joint Commissioner Pune And ORS
3-wp-9128-2025.doc Shabnoor
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION SHABNOOR AYUB PATHAN WRIT PETITION NO.9128 OF 2025 Kailas Balasaheb Hagwane ... Petitioner V/s.
The State of Maharashtra & Ors.
... Respondents SHABNOOR AYUB PATHAN Date: 2025.11.19 18:23:27 +0530 Mr. Narayan G. Rokade, a/w Ramchandra Wagh, Mrugmai Rokade, for the Petitioner.
Mr. Vikas Kumbhar, with Shilpa Khatu, for Respondent No.3.
Mrs. R. A. Salunkhe, AGP, for the State - Respondent Nos.1, 2 & 4.
CORAM
: AMIT BORKAR, J.
DATED : NOVEMBER 19, 2025 P.C.:
1.
The present petition arises out of proceedings initiated under Section 101 of the Maharashtra Cooperative Societies Act, 1960 ("the MCS Act"). The Registrar has issued a Recovery Certificate under Section 101 for an amount of Rs. 57,29,978/-, comprising the principal sum of Rs. 38,58,799/- along with interest at the rate of 14% per annum from 1 May 2022.
2.
The learned Advocate for the Petitioner has placed on record a copy of the Demand Draft drawn in favour of the RespondentBank, dated 6 July 2023, for an amount of Rs. 31,53,362/-. 3.
In view of the said Demand Draft, the Revisional Authority shall re-adjudicate the issue of compliance under Section 154(2)
3-wp-9128-2025.doc (a) of the MCS Act. If the Revisional Authority is satisfied that the requirement under Section 154(2)(a) has been duly complied with, it shall thereafter proceed to decide the Revision Application on merits.
4.
The writ petition stands disposed of in the above terms. 5.
However, considering the lapse of time, there is a possibility that the aforesaid Demand Draft may have become invalid. The Petitioner is, therefore, directed to tender the said Demand Draft within two weeks from today. In the event the Demand Draft has expired or becomes invalid, the Petitioner shall prepare and submit a fresh Demand Draft before the Revisional Authority within two weeks from today.
(AMIT BORKAR, J.)