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2013 Supreme(Bom) 585

K.U.CHANDIWAL
Hari s/o Shankar Patil – Appellant
Versus
State of Maharashtra Through the Secretary to the Government, Co-operation Department – Respondent


Advocates Appeared:
For the Applicants:Hemant Surve, Advocate.
For the Respondents:R1 to R4 & R6 to R9, V.G. Shelke, APP, R5, S.V. Gundre, h/for V.D. Gunale, Advocates.

Judgment :

1) Heard extensively. Rule was issued on 20th June, 2007. By these applications, the applicants have questioned lodging of F.I.R. vide Cr.Nos.35/2006; 36/2006; and 34/2006, all dated 28.12.2006 before Taluka police station, Nandurbar. Shri Ratan Sajan Patil had executed sale-deed dated 17.6.2004 in favour of the applicant. Pursuant thereto, mutation entries were effected being entry Nos.475, 476, 477 and 479. The respondent No.5 belatedly moved the Respondent No.3, making allegation that the applicant has indulged in money-lending and that the sale-deed, executed by his grandfather, was, in fact, mortgage and not an outright sale. The purpose of sale-deed was, the same would be a conveyance in favour of grand-father of Respondent no.5.

2) Respondent No.3 issued a show cause notice to the applicant, asking to reply as to why action under the provisions of The Bombay Money-Lenders Act, 1946 (for short, the Act), should not be initiated. The applicant has denied of any transaction in the form of and nature alleged by Respondent no.5. Respondent no.3, after reply, did not hold any inquiry with the applicant. However, surruptiously, inquiry report dated 11.10.2006 of Responden






































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