Mirza Zakaulla Baig Mirza Wajir Baig vs Divisional Joint Registrar, ... on 25 July, 2018

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Bombay High Court

Mirza Zakaulla Baig Mirza Wajir Baig vs Divisional Joint Registrar, ... on 25 July, 2018

Bench: S.B. Shukre

wp.2512.17.jud                                1

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


                      WRIT PETITION NO.2512 OF 2017


Petitioner               :         Mirza Zakaulla Baig Mirza Wajir Baig,
                                   Aged about 58 years, Occu: Retired,
                                   R/o Old City, Gulzarpura, R.P.T.S. Road,
                                   Akola, Tq. & Distt. Akola.

                                   -- Versus --

Respondents              : 1] Divisional Joint Registrar,
                              Co-operative Societies,
                              Sahakar Sankul, Camp Amravati,
                              Tq. & Distt. Amravati.

                                2] Assistant Registrar,
                                   Co-operative Societies,
                                   Gangadhar Plot, Station Road,
                                   Tq. Akola, Distt. Akola.

                                3] Vidarbha Uraban Cooperative Bank Ltd.,
                                   Gandhi Road, Akola,
                                   Tq. & Distt. Akola.

                                4] Mohammad Sharif Sheikh Chand,
                                   Aged about 48 years, Occ. Private,
                                   R/o Habib Nagar, Khair Mohammad Plot,
                                   Old City, Akola, Tq. & distt. Akola.

      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=
              Shri Mahesh Rai, Advocate for the Petitioner.
       Shri K.L.Dharmadhikari, A.G.P. for Respondent Nos.1 & 2.
      =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

                         CORAM : S.B. SHUKRE, J.
                         DATE         : 25th JULY, 2018.


ORAL JUDGMENT :-

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Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the petitioner and the learned Assistant Government Pleader for respondent Nos.1 & 2. Nobody is present for respondent Nos.3 to 5, though duly served.

02] The petitioner has deposited in this Court total amount of Rs.4,20,633/-, which is equivalent to or more than 50% of the recoverable amount from the petitioner. Such deposit made by the petitioner fulfills the requirement of Section 154(2A) of the Maharashtra Cooperative Societies Act, 1960, as it is being equivalent to or more than 50% of the recoverable dues, as submitted by the learned Counsel for the petitioner. Therefore, now the bar of Section 154(2A) of the said Act would not come in the way of the authority entertaining the revision application filed along with the delay condonation application. Therefore, now the petition deserves to be allowed and it is allowed accordingly.

03] The impugned order is quashed and set aside. The matter is remanded back to respondent No.1 for deciding afresh the delay condonation application in accordance with law after giving due opportunity of hearing to all the parties. The amount so deposited in this Court be remitted to the Office of respondent No.1.

Rule is made absolute in the above terms with no order as to costs.

(S.B. SHUKRE, J.) *sandesh ::: Uploaded on - 26/07/2018 ::: Downloaded on - 27/07/2018 01:58:24 :::

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