M/S. Sarvodaya Metal Tin Corporation through Proprietor Smt. Minaxi R. Shah Vs Highway Commercial Centre Premises Co-Op. Soc. Ltd. and Ors.

¶1

36-wp-2220-2020.doc

¶2

Shabnoor

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

WRIT PETITION NO.2220 OF 2020

¶5

SHABNOORAYUBPATHAN Digitallysigned bySHABNOORAYUBPATHANDate:2024.02.1310:46:33+0530

¶6

M/s. Sarvodaya Metal Tin Corporation Through Proprietor … Petitioner V/s. Highway Commercial Centre Premises Co-op Society Ltd. & Ors … Respondents

¶7

None for the Petitioner.

¶8

Mr. Rahul Kedar i/by Ms. Savita N. Malkampate, for Respondent No.1 (Through V.C.)

¶9

Mrs. V. S. Nimbalkar, AGP, for State/Respondent Nos.3 & 4.

¶10

CORAM : AMIT BORKAR, J.

¶11

DATED : FEBRUARY 12, 2024

¶12

P.C.:

¶13

Though the challenge in the writ petition is to the order granting certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960.

¶14

On perusal of the record, it appears that the petitioners revision under Section 154 of the Maharashtra Cooperative Societies Act, 1960 has been rejected by the Revisional Authority by the order dated 9 January 2020 for non deposit of 50% of recoverable dues under Section 154 (2) (a) of the Maharashtra

¶15

1

¶16

36-wp-2220-2020.doc

¶17

Cooperative Societies Act, 1960.

¶18

Since deposit under Section 154 (2) (a) of the Maharashtra Cooperative Societies Act, 1960 for entertaining revision application challenging certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 is mandatory, no fault can be found with the order of rejection of revision application by the Revisional Authority. Challenge to issuance of certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960 directly before this Court cannot be entertained in the absence of availing remedy under Section 154 of the Maharashtra Cooperative Societies Act, 1960. Hence, the writ petition is dismissed. No costs.

¶19

(AMIT BORKAR, J.)

¶20

2

M/S. Sarvodaya Metal Tin Corporation through Proprietor Smt. Minaxi R. Shah v. Highway Commercial Centre Premises Co-Op. Soc. Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

M/S. Sarvodaya Metal Tin Corporation through Proprietor Smt. Minaxi R. Shah v. Highway Commercial Centre Premises Co-Op. Soc. Ltd. 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

Similar cases

Tapi Irrigation Development Corporation Jalgaon Vs Shri Harishchandra Kadu Jagtap and Anr.

The Sarpanch, Grampanchayat, Lonand and Anr. Vs Shivaji Sahebrao Radkar and Ors.

Chandankumar Jena Vs M/S.Engineering Equipment Fabricators

Krushna Sai Restaurant and Bar Thr N Yagneshwar Patil Vs the State of Maharashtra Thr the Office and Ors.

Late Janglya Shanvar Khanjode Since Decd. Thr. Lrs and Ors. Vs the Additional Collector, Mumbai Suburban District and Ors.

Chandrashekhar Dnyandev Gadekar and Ors. Vs the Divisional Joint Registrar, Cooperative Societies, Pune Div. Pune and Ors.