Dismissed

Shri. Bhairu Shankar Jadhav, through Constituted Attorney, Shri. Sahadev Shankar Jadhav v. Union of India, through Ministry of Finance and Ors.

Bombay HC14 Feb 2014WP/11823/2013

Case brief

AI extract

What is this about?

The High Court rejected the Petitioner's Writ Petition regarding a pending loan waiver proposal. The Court held that relief under the Agricultural Debt Waiver scheme cannot be granted while a recovery certificate is in force under the Maharashtra Co-operative Societies Act. The Petitioner is directed to pursue statutory remedies.

What did the court decide?

The Petition is rejected. The statutory remedies of the Petitioner are expressly kept open.

Shri. Bhairu Shankar Jadhav, through Constituted Attorney… — Money Laundering | Bombay HC (2014)

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wp-11823.13

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FARAD CONTINUATION SHEET

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11823 OF 2013

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Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders.

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Shri Datta H. Pawar for the Petitioner.

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CORAM : A.S. OKA & M.S. SONAK, JJ DATE : 14TH FEBRUARY 2014

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P.C.:

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. Heard the learned counsel appearing for the Petitioner. The grievance of the Petitioner is that though a proposal of the Petitioner under the Agricultural Debt Waiver and Relief Schemes of 2008 and 2009 was pending, the same has not been considered.

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From perusal of the Petition, in particular

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Exhibit –C thereto, we find that on 23^rd July 2007, a recovery certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 has

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 2wp-11823.13

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been issued against the Petitioner directing the Petitioner to pay a sum of Rs.40,60,333/ together with interest thereon. The document at ExhibitC shows that in execution of the said recovery certificate, the property of the Petitioner is sought to be auctioned.

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So long as the recovery certificate under Section 101 of the said Act is in force, no relief of waiver of loan can be granted. Unless there is a substantive challenge to the recovery certificate in accordance with law, the contention that the Petitioner was entitled to the benefit of loan waiver scheme cannot be considered. Therefore, we decline to entertain this Petition under Article 226 of the Constitution of India. The Petition is rejected. However, the statutory remedies of the Petitioners are expressly kept open.

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(M.S. SONAK, J) (A.S.OKA, J)

Shri. Bhairu Shankar Jadhav, through Constituted Attorney, Shri. Sahadev Shankar Jadhav v. Union of India, through Ministry of Finance and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Bhairu Shankar Jadhav, through Constituted Attorney, Shri. Sahadev Shankar Jadhav v. Union of India, through Ministry of Finance and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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