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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAO) NO. 18 OF 2022

AND

M.C.A (ST.) NO. 17445 OF 2021 IN WRIT PETITION NO. 2464 OF 2021 (D)

( Shrikant Solar Power System ..vs.. State of Maharashtra, through the Tahsildar, Akola and another )

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Office Notes, Office Memoranda of Coram,

Court's or Judge's orders

appearances, Court's orders of directions

and Registrar's orders

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Mr. V.K. Paliwal, Counsel for the applicant/petitioner.

CORAM : ROHIT B. DEO

, J

.

DATED : 31-01-2022

Hearing was conducted through video

conferencing and the learned Counsel agreed that the

audio and visual quality was proper.

2.

This application is preferred seeking condonation

of delay of 129 days in seeking review of the order dated

15-7-2021 rendered by this Court (Coram : N.B.

Suryawanshi, J.) in Writ Petition 2464/2021.

3.

Writ Petition 2464/2021 was preferred

challenging the communication dated 24-6-2021 issued

by the Tahsildar, Akola purporting to direct the Circle

Officer, Akola City and Deputy Superintendent of Land

Records, Akola to be present at the spot along with the

representative of The Yavatmal Urban Cooperative Bank

Ltd., Yavatmal, Branch Akola to facilitate the taking over

of possession of the secured asset.

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4.

Writ Petition 2464/2021 was disposed of as

withdrawn with liberty to the petitioner to pursue

alternate statutory remedy.

5.

Review is sought of the order of disposal of writ

petition on the ground that the writ petition was

withdrawn by the Counsel without instructions.

6.

Considering the statement on oath, I am inclined

to condone the delay and to further allow the review and

restore Writ Petition 2464/2021 to file.

Writ Petition 2464/2021 :

The challenge is to a letter issued by the Tahsildar

calling upon his subordinate officers to remain present at

the spot to enable the secured creditor to take possession

of the secured asset.

2.

Apart from the fact that the letter is issued on

24-6-2021, I note that the substantive order of the

Additional District Magistrate dated 23-3-2021, pursuant

to which order, the letter impugned is issued, is not

challenged.

3.

I further note that the petitioner suffered a

recovery certificate under Section 101 of the Maharashtra

Co-operative Societies Act, 1960 (Act) and preferred a

revision under Section 154 of the said Act, which came to

be dismissed by the Joint Registrar, Co-operative

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Societies, Nagpur vide order dated 09-4-2021 since the

petitioner did not make the mandatory pre-deposit under

Section 154 (2A) of the Act.

4.

In this view of the matter, it would be necessary

to direct the petitioner to deposit Rs.25,00,000/- (Rupees

Twenty Five Lac) in this Court within the next two

weeks, in order to demonstrate bona fides. I note that

the Joint Registrar, Co-operative Societies, Amravati has

recorded that as on 10-12-2020 the petitioner was liable

to pay the bank Rs.48,02,319/- (Rupees Forty Eight Lac

Two Thousand Three Hundred Nineteen).

5.

If the amount of Rs.25,00,000/- (Rupees Twenty

Five Lac) is deposited within the next two weeks, and

affidavit of compliance is filed, let notice be issued to the

respondents, returnable in the next four weeks.

6.

If the amount of Rs.25,00,000/- (Rupees Twenty

Five Lac) is deposited within the period stipulated, there

shall be stay to recovery of the balance amount, till the

next date of hearing.

JUDGE

adgokar

Digitally signed byPRAFULLA

MANOHARRAO ADGOKAR

Signing Date:31.01.2