Dismissed

Sunil S/O. Haribhau Idhol and Others v. Sunita Ashok Tathod and Others

Bombay HC12 Aug 2024WP/4113/2024

Case brief

AI extract

What is this about?

Petitioners challenged the Registrar's dismissal of their application seeking rejection of money-lending proceedings initiated against them under the Maharashtra Prevention of Money Lending Act. The court declined interference, noting reasons were recorded and main proceedings remained pending, leaving contentions open.

What did the court decide?

None granted; petition dismissed with liberty to raise contentions before the Assistant Registrar.

Sunil S/O. Haribhau Idhol and Others Vs Sunita Ashok Tathod… — Money Laundering | Bombay HC (2024)

¶1

75-wp-4113-24.odt

¶2

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

¶4

Writ Petition (WP) No. 4113 of 2024

¶5

Shri Sunil S/o Haribhau Idhol and others Versus

¶6

Sunita S/o Ashok Tathod and others

¶7

Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's order

¶8

Court's or Judge's Order

¶9

Shri S.V.Sohoni, Advocate for the petitioners. Ms. Seema Dhotre, Advocate for the respondent nos. 1 to 3.

¶10

Shri Sachin Narale, AGP for the respondent nos. 4 & 5.

¶11

CORAM : N.R.BORKAR, J. DATED : 12^th AUGUST, 2024.

¶12

This petition takes exception to the order dated 25^th April, 2024 passed by the respondent no.6 Registrar General of Money Lending Cum Additional Commissioner and Special Registrar, Co-operative Societies, Maharashtra State, Pune in Revision Application No. 4 of 2017.

¶13

By the order impugned, respondent no.6 has dismissed the revision application which was filed by the present petitioners against the order of respondent

¶14

SKNair

¶15

2 75-wp-4113-24.odt

¶16

No.5-Assistant Registrar, Co-operative Societies, Tah. Belapur, District Akola by which the application filed by the petitioners to dismiss the proceedings filed by respondent nos. 1 to 3 herein under the provisions of the Maharashtra Prevention of Money Lending (Regulation) Act, 2014 before respondent no.5-Assistant Registrar, Co-operative Societies, Tah. Balapur, Dist. Akola, was rejected.

¶17

I have heard learned counsel for the petitioners, learned counsel for respondent nos. 1 to 3 and learned Assistant Government Pleader for respondent nos. 5 and 6/State.

¶18

Learned counsel for the petitioners submits that the application for dismissal of the proceedings in question was filed as similar proceedings were earlier dismissed. In the alternative it is submitted that the matter needs to be remanded back to the respondent no.5 for deciding the application filed by the present petitioners afresh as respondent no.5 has not recorded the reasons for rejecting the application.

¶19

On the other hand learned counsel for the respondent nos. 1 to 3 and learned Assistant Government Pleader for the respondent nos. 5 and 6 submit that the sale-deed in question was never the subject matter of any of the earlier proceedings.

¶20

SKNair

¶21

3 75-wp-4113-24.odt

¶22

Admittedly, the main proceedings are still pending before the respondent no.5. The respondent no.6 has recorded the reasons for not accepting the contentions of the present petitioners. I am therefore not inclined to interfere with the impugned order. However, it would be open to the petitioners to raise all the contentions before the respondent no.5. The petition is dismissed.

¶23

SKNair

Sunil S/O. Haribhau Idhol and Others v. Sunita Ashok Tathod and Others

Case brief

What is this about?

What did the court decide?

Sunil S/O. Haribhau Idhol and Others v. Sunita Ashok Tathod and Others

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

Gurusiddhawwa Shrishail Patil @Birajdar and Ors. vs Maharashtra State Road Transport Corporation, Mumbai

Prathmesh Rajesh Sankpal vs State of Maharashtra

Mahesh Tulshiram Parita vs State of Maharashtra

Shirishkumar Rangrao Chavan vs State of Maharashtra

Akola,Amravati,Buldhana,Washim Zilla Jangal Kamgar Sah. Sansthan Cha Sangh Marya.,Thr.Pres. and Anr. vs Divisional Joint Registrar, Cooperative Societies, Amravati and Another

Vishwajit Traders, through Its Prop. Pankaj a. Deshmukh, Mozari, Tiosa, Amravati vs the Additional Collector, Amravati and Others