2024:BHC-NAG:3751 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1398 OF 20 20 Shri Pramod Girdharilal Malani, Aged about 46 yrs., Occu. Farmer, R/o. Kutasa, Tq. Akot, District :

Akola.

…. PETITIONER.

// VERSUS //

1. Smt. Vanmala Ramdas Kapse, Aged about 59 yrs., Occu.:Farmer, R/o. New Tapadia Nagar, Akola, Tq. and District : Akola.

2. Ku. Kanchan Ramdas Kapse, Aged adult, Occu.: Farmer, R/o. Akot, Tq. Akot, District:

Akola.

3. District Deputy Registrar, Cooperative Societies, Akola. 4. Divisional Joint Registrar, Cooperative Societies-cum-

Divisional Joint Registrar, Money Lending, Amravati.

…. RESPONDENTS .

______________________________________________________________

Shri Anup J. Gilda, Advocate for Petitioner.

Shri A.M.Ghare, Advocate for Respondent Nos.1 and 2. Shri Shyam Bissa, A.G.P. for Respondent Nos. 3 and 4.

______________________________________________________________

CORAM : ANIL S. KILOR, J DATE OF RESERVING THE JUDGMENT : 03/01/2024 DATE OF PRONOUNCING THE JUDGMENT: 28/03/2024 ORAL JUDGMENT :

1. Heard.

2. RULE. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

3. This petition takes exception to the order dated 24/02/2020, passed by the Divisional Joint Registrar, Cooperative Societies, Amravati Division, Amravati and the Divisional Joint Registrar Money Lending in appeal No. 14 of 2019 arising out of the order dated 27/02/2019, passed by the District Deputy Registrar, Cooperative Societies, Akola and District Deputy Registrar, Money Lending, Akola, cancelling the sale deed dated 02/07/2012, executed by the respondent Nos. 1 and 2 in favour of the petitioner, by holding that it was a money lending transaction.

The brief facts of the present case are as under :

4. It is the case of respondent No.1 that her husband Ramdas Pandurangji Kapse died on 04/07/1998. She has two children namely, Kanchan and Mangesh. It is contended that after the death of her husband, because she was not getting sufficient income from her agricultural field and since she wanted to perform marriage of her daughter and to help her son to start business, she was in need of money. It is stated that one Damodhar Uttam Umale took her to the petitioner, who advanced her loan of Rs.7,00,000/- on a condition to execute a nominal sale deed of land in question as a security to the loan and to pay interest @ 3.5%.

5. It is stated that despite the repayment made by the respondent Nos. 1 and 2 of the loan amount and the interest amount, the petitioner refused to re-convey the land in question to the respondent Nos. 1 and 2.

6. Therefore, the respondent No.1 filed an application before the District Deputy Registrar, Cooperative Societies, Akola under Section 18 of the Maharashtra Money Lending (Regulation)Act, 2014 (hereinafter referred to as “the Act of 2014”), alleging that the petitioner had indulged in illegal money lending and thereby sought to set aside the sale deed dated 02/07/2012, executed by the respondent Nos. 1 and 2 in favour of the petitioner.

7. The District Deputy Registrar thereupon, directed the Assistant Registrar, Cooperative Societies, Akot to make an enquiry into the matter and submit his report. Accordingly, on 29/09/2018, the Assistant Registrar submitted his report to the respondent No.3-District Deputy Registrar. Whereupon, the respondent No.3 passed the order dated 27/02/2019, holding the Sale Deed dated 02/07/2012 as illegal and directed the petitioner to return back the field of the respondent Nos. 1 and 2.

8. Feeling aggrieved by the same, the petitioner preferred an appeal before the Divisional Joint Registrar, Cooperative Societies which came to be dismissed vide impugned order dated 24/02/2020. Hence, this petition.

9. I have heard the learned counsel for the respective parties.

10. Shri Gilda, learned counsel for the petitioner argues that both the authorities below have committed error in holding that the sale deed dated 02/07/2012, was executed as security i