MEDIHEALTH CARE PRIVATE LIMITED Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY FOR CO-OPERATION MARKETING & TEXTILE DEPARTMENT, STATE OF MAHARASHTRA, MANTRALAYA MUMBAI

JUDGEMENT

(1.) By this petition filed under section 227 of the Constitution of India, the petitioners have impugned the order dated 31st March, 2008 passed by the Deputy Registrar Co-operative Societies under section 101 of the Maharashtra Co-operative Societies Act, 1960. Learned counsel for the petitioners on instructions does not press prayer clause (e) of the petition and seek liberty to file appropriate claim against the respondent no.1 before the appropriate Court. Leave to amend is granted to delete prayer clause (e) from the writ petition. The amendment to be carried out within one week from today.

(2.) Insofar as the challenge to the recovery certificate dated 31st March, 2008 issued by the learned Deputy Registrar, Cooperative Societies is concerned, Mr.Kanade, learned counsel appearing for the respondent nos.3 and 4 raises an issue of maintainability of this writ petition on the ground that the petitioner ought to have availed of alternative remedy provided under section 154 of the Maharashtra Co-operative Societies Act, 1960. In his alternate submission, he urged that in any event no case is made out insofar as the validity of the recovery certificate is concerned.

(3.) Learned counsel appearing for the petitioners invited my attention to the written submissions filed in the application under section 101 of Maharashtra Co-operative Societies Act, 1960 by the respondent nos.3 and 4 before the Deputy Registrar and submits as under :-