Laxman & Ors. v. The State of Maharashtra & Ors.
Case at a glance
- Decided
- 24 Aug 2009
- Bench
- S S SHINDE
Outcome
Dismissed
Hence, Petition is dismissed
Provisions considered
Key paragraphs
- Para 44. Interim stay to the execution of the recovery proceeding only upto next date. “ On perusal of para 2 of the said order, it is abundantly clear that this petition to be entertained subject to deposit of Rs.2,00,000/-. It is an admitted position that…
Judgment
Mr. L.J. Kawale, advocate for the petitioners Mr. T. S. Lodhe, AGP for respondent Nos.1 and 2. Mr. A.R. Joshi, advocate for respondent No.4 ..... CORAM: S. S. SHINDE, J. DATED: 24TH AUGUST, 2009 PER COURT:- 1 This writ petition was heard by this Court on 24.6.2009 and this Court was pleased to pass following order:- “1. Heard.
The petitions to be entertained subject to condition the petitioners in each of the petition would deposit Rs.2,00,000/- (Rupees two lacs) by way of adhoc amount to be determined as liability without any prejudice to their rights, within a period of four (4) weeks. If such amounts are deposited then the same shall be invested in any Nationalized Bank by the Registrar (Judl.) and the 2 disbursement thereof will be as per final order rendered in the petitions. The petitioners may take appropriate steps to deposit the amount within a period of four (4) weeks. “
S.O. to 30.7.2009.
Operative part
Interim stay to the execution of the recovery proceeding only upto next date. “ On perusal of para 2 of the said order, it is abundantly clear that this petition to be entertained subject to deposit of Rs.2,00,000/-. It is an admitted position that the said amount of Rs.2,00,000/- is not deposited by the petitioner. Therefore, I am not inclined to entertain this petition. 2 Apart from this, there is remedy to the petitioner to file revision under Section 154 of the Maharashtra Co-operative Societies Act, 1960, on depositing 50% amount of the recovery certificate. No case is made out to entertain this petition by passing alternate remedy available to the petitioner. Hence, Petition is dismissed. Interim relief, if any, stands vacated. rlj/ (S.S. SHINDE, J). 3
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Hence, Petition is dismissed
Which statutory provisions did this judgment involve?
Maharashtra Co-operative Societies Act, 1960 — s. 154.
Which court decided this case, and when?
Bombay High Court, on 24 Aug 2009. The bench was S S SHINDE.
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.