Jayhind Chaurasia And ANR v. Ajay Shambhunath Vishwakarma And ORS

914-wp-747-2026.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.747 OF 2026 SHABNOOR AYUB PATHAN Jayhind Chaurasia & Anr.

... Petitioners V/s.

Ajay Shambhunath Vishwakarma & Ors.

... Respondents SHABNOOR AYUB PATHAN Date: 2026.01.16 15:32:49 +0530 Mr. Aditya Lele a/w Swapnil Shanbang, Atul Mishra, for the Petitioners.

Mr. Chetan R. Shah a/w Ms. Jayashree Mahadik, for Respondent No.7.

Ms. M. S. Shrivastva, AGP, for the State - Respondent No.8.

CORAM

: AMIT BORKAR, J.

DATED : JANUARY 16, 2026 P.C.:

1.

The challenge in the present petition is to an order passed by the learned Chief Judicial Magistrate under Rule 107(11)(d-1)(vi) of the Maharashtra Cooperative Societies Rules, 1961. 2.

This Court, in Amit Prakash Jori & Anr. v. State of Maharashtra & Ors. (Writ Petition No. 1331 of 2025, decided on 4 February 2025), has already held that the exercise of such power is ministerial and not discretionary in nature. Consequently, a petition challenging such an order need not be entertained. 3.

If the petitioner's grievance is that he is neither a borrower nor a guarantor and that a recovery certificate has been issued

914-wp-747-2026.doc without issuing notice to him, the appropriate remedy available is to approach the Special Recovery Officer under sub-rule (19) of Rule 107 of the Maharashtra Cooperative Societies Rules, 1961. If such an objection is raised, the Special Recovery Officer shall be under an obligation to decide the same in accordance with law. 4.

With this clarification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)