High Court dismissed a writ petition challenging a time-barred recovery certificate due to lack of diligent prosecution and failure to avail statutory remedies within the required time limit.
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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 10574OF 2019
Madhavrao Ramchandra Kahandal and Anr. … Petitioners
V/s.
The Shilapur Vividh Karyakari Sahakari Sanstha Maryadit Through its Chairman/ Secretary and Ors.
... Respondents
None for the Petitioners
Mr. Sachin Gite for Respondent No.1 Mr. S.H. Kankal, AGP for Respondent Nos. 2,3,5 and 6
CORAM : NITIN JAMDAR & MANJUSHA DESHPANDE, JJ.
DATE : 01 DECEMBER 2023
P.C. :-
The Petitioner has challenged the Recovery Certificate dated 17 November 1997 by filing a Writ Petition on 28 May 2019. Even after filing the Petition, same is not being prosecuted as the Roznama would indicate. Even today none appears. The learned Counsel for the Respondent – Bank states that no amount is being paid. The challenge in this Petition is hopelessly time barred. Further, it is not being prosecuted diligently. Furthermore legislative
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policy would require deposit of 50% of the amount if statutory remedy is to be availed of that to within time. Since nothing has been done as above, we decline to entertain the Writ Petition.
MANJUSHA DESHPANDE, J. NITIN JAMDAR, J.
Digitally signed JYOTI by JYOTI PRAKASH PRAKASH PAWAR PAWAR Date: 2023.12.04 12:58:55 +0530
Madhavrao Ramchandra Kahandal and Anr.
The Shilapur Vividh Karyakari Sahakari Sanstha Maryadit Through its Chairman/ Secretary and Ors.
Nitin Jandmar
Manjusha Deshpande
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
