Purushottam Narayan Upadhya and Another Vs State of Maha., Thr. Principal Secretary, Co-Op. Marketing and Textile Dept., Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

Purushottam Narayan Upadhya and Another Vs State of Maha., Thr. Principal Secretary, Co-Op. Marketing and Textile Dept., Mumbai and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Impugned order dated 18 June 2024 quashed and set aside; Revision Application No. 19 of 2022 restored and to be decided on its own merits by respondent no.2; petitioners to appear before respondent no.2 on 17 March 2025; no costs.

Issue for consideration

Whether the petitioner's revision (Revision Application No. 19 of 2022 under Section 9 of the Maharashtra Money Lending (Regulation) Act, 2014) was rightly rejected by respondent no.2 on the ground of jurisdiction — i.e., whether such revision is tenable before the Registrar General of Money Lenders.

Ratio / Principle

The view taken in Vishwanath Marotrao Ganjre Vs. Divisional Joint Registrar Co-operative Society, Amravati and others (Writ Petition No. 5362 of 2017) is the correct view.

Key takeaways

Revision under Section 9 of the Maharashtra Money Lending (Regulation) Act, 2014 is tenable before the Registrar General of Money Lending.ratio¶16
In view of the order of the Coordinate Bench of this Court dated 12 September 2024, the impugned order does not sustain and is liable to be quashed and set aside.ratio¶16
The order dated 18 June 2024 passed by respondent no.2 (Registrar General of Money Lenders and Registrar, Co-operative Societies, Maharashtra State, Pune) in Revision Application No. 19 of 2022 is quashed and set aside.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Pravin S. Patil, J.) — Writ Petition No. 5288 of 2024 (decided 28 February 2025): Money-lending jurisdiction. The petitioners challenged the order dated 18 June 2024 of respondent no.2, the Registrar General of Money Lenders and Registrar, Co-operative Societies, Maharashtra State, Pune, rejecting their Revision Application No. 19 of 2022 on the ground of jurisdiction. Learned counsel pointed out that the judgment relied upon by respondent no.2 stood reviewed by a Coordinate Bench by order dated 12 September 2024 in Review Application (Civil) No. 196 of 2024 in Writ Petition No. 14387 of 2019 (Murlidhar Ganpati Kekan Vs. The State of Maharashtra and others), wherein the view in Vishwanath Marotrao Ganjre (Writ Petition No. 5362 of 2017) was held to be correct. Holding that the Ganjre view is the correct view and that revision under Section 9 of the Maharashtra Money Lending (Regulation) Act, 2014 is tenable before the Registrar General of Money Lending, the Court quashed and set aside the impugned order, directed respondent no.2 to restore Revision Application No. 19 of 2022 and decide it on its own merits as per law, noted the petitioners' undertaking to appear on 17 March 2025, and disposed of the writ petition with no costs.

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

Writ Petition (WP) No. 5288 of 2024

Purushottam Narayan Upadhya and another Versus

State of Maharashtra through Principal Secretary, Co-operative Marketing and Textile Department, Mumbai and others

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

Court's or Judge's Order

Shri V.B.Bhise, Advocate for the petitioners. Shri G.S.Umale, AGP for the respondent/State.

CORAM : PRAVIN S. PATIL, J. DATED : 28^th FEBRUARY, 2025.

Heard.

By the present petition, the petitioners are

challenging the order dated 18^th June, 2024 passed by the respondent no.2 / the Registrar General of Money Lenders and Registrar, Co-operative Societies, Maharashtra State, Pune in Revision Application No. 19 of 2022 whereby his revision was rejected on the ground of jurisdiction.

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Learned counsel for the petitioner pointed out that judgment of this Court which was relied upon by the respondent no.2 while rejecting the revision, is now reviewed by the Co-ordinate Bench of this Court in Review Application (Civil) No. 196 of 2024 in Writ Petition No. 14387 of 2019 (Murlidhar Ganpati Kekan Vs. The State of Maharashtra and others) by order dated 12^th September, 2024. Accordingly, it is held that the view taken in the case of Vishwanath Marotrao Ganjre Vs. Divisional Joint Registrar Co-operative Society, Amravati and others in Writ Petition No. 5362 of 2017 is the correct view and revision under Section 9 of Maharashtra Money Lending (Regulation) Act, 2014 is tenable before the Registrar, General Money Lending. 4. In view of order of Coordinate Bench of this Court dated 12^th September, 2024, the impugned order does not sustain and same is liable to be quashed and set aside. Accordingly, the order dated 18^th June, 2024 passed by the respondent no.2 / the Registrar General of

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Money Lenders and Registrar, Co-operative Societies, Maharashtra State, Pune in Revision Application No. 19 of 2022 is hereby quashed and set aside.

The respondent no. 2 is directed to restore the revision application no. 19 of 2022 and decide the same on its own merit as per the provision of law.

The petitioner undertake to appear before the respondent no.2 / the Registrar General of Money Lenders and Registrar, Co-operative Societies, Maharashtra State, Pune on 17^th March, 2025.

The writ petition is disposed of in above

stated terms. No costs.

[PRAVIN S. PATIL, J.]

SKNair