✦ Bombay High Court · 22 Jan 2007

Smt.Madhuben D.Vyas v. Shri.S.P.Ghorpade & Ors.

Writ Petition No. 116 of 2007S C DHARMADHIKARI

Case at a glance

Key paragraphs

  • Para 44. At the request of the petitioner’s advocate, four weeks time is granted to file the revision application. (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.)

Judgment

Smt. Madhuben D.Vyas .. Petitioner. V/s. Shri.S.P.Ghorpade and Ors. .. Respondents. Shri. Santosh Singh for the petitioner. None for the respondent. CORAM : S.C.DHARMADHIKARI, J CORAM : S.C.DHARMADHIKARI, J. CORAM : S.C.DHARMADHIKARI, J DATE : 22ND JANUARY, 2007. DATE : 22ND JANUARY, 2007. DATE : 22ND JANUARY, 2007. P.C.: P.C.: P.C.:

1.

The order impugned in this petition instituted under Article 226 of the Constitution of India is at Exhibit-F. It is nothing but a Recovery Certificate granted u/s.101 of the Maharashtra Co-Operative Societies Act and the Recovery Officer, therefore, desires to proceed and execute the same.

2.

It is not disputed before me that the remedy of the petitioner is to invoke the revisional jurisdiction : 2 : conferred upon the authority stipulated u/s.154 of the Maharashtra Co-Operative Societies Act, 1960. It is not in further dispute that this is an alternate and equally efficacious remedy in as much as all contentions raised in this petition are capable of being raised and agitated in Revision Application.

3.

In the light of this position in law, this petition cannot be entertained. It is dismissed on account of availability of alternate remedy.

4.

At the request of the petitioner’s advocate, four weeks time is granted to file the revision application. (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.) (S.C.Dharmadhikari, J.)

Questions this judgment answers

Which statutory provisions did this judgment involve?

Constitution of India — art. 226; Maharashtra Co-Operative Societies Act — s. 101; Maharashtra Co-Operative Societies Act, 1960 — s. 154.

Which court decided this case, and when?

Bombay High Court, on 22 Jan 2007. The bench was S C DHARMADHIKARI.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Writ Petition No. 116 of 2007). ← Search more judgments