Shobhabai Ranvir Paikrao vs The Registrar General Of Money Lending ...
2024 Latest Caselaw 22698 Bom

Bombay High Court

Shobhabai Ranvir Paikrao vs The Registrar General Of Money Lending ... on 5 August, 2024

2024:BHC-AUG:17099
                                           (1)                    26-wp-8202-2024.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                               WRIT PETITION NO. 8202 OF 2024

                                SHOBHABAI RANVIR PAIKRAO
                                           VERSUS
                  THE REGISTRAR GENERAL OF MONEY LENDING AND
                             SPECIAL REGISTRAR AND OTHERS
                                              ...
               Mr. Kamlakar J. Suryawanshi, Advocate for the Petitioner.
               Mr. A. V. Lavte, AGP for Respondents-State.
                                              ...

                                        CORAM : S. G. CHAPALGAONKAR, J.

DATED : 05th AUGUST, 2024.

P.C.:-

1. The present writ petition takes exception to the judgment and order dated 19.03.2024 passed by respondent no.1 in Revision Application No.76/2019 and order dated 11.09.2019 passed by respondent no.2 in Appeal No.28/2018.

2. Mr. Suryawanshi, learned Advocate appearing for the petitioner submits that order directing remand of the matter has been passed in proceeding under Section 18(2) of the Maharashtra Money-Lending (Regulation) Act, 2014. He would submit that respondents herein never asked for permission to cross-examine the witnesses while enquiry was conducted by Assistant Registrar and under impugned order the matter is remanded back only with observation that respondents were not permitted to cross-examine witnesses. He would submit that approach of respondent no.1 is inconsistent with the record.

3. Having considered submissions advanced, it appears that respondents have made request seeking permission for cross-

examination before the Appellate Authority. To find out nature of (2) 26-wp-8202-2024.odt

transaction, it would be appropriate that full opportunity is given to the parties to lead evidence and even cross-examination of the witnesses whose statements are recorded during the course of enquiry. In that view of the matter, no fault can be found in impugned order directing rsemand with a view to affort an opportunity in favour of respondent to cross-examine witnesses relied during the course of enquiry by Assistant Registrar.

4. Mr. Suryawanshi points out that the petitioner is litigating for his right since 2014. The report of enquiry clearly depicts that it is a case of money lending transaction. He would submit that in such matter, the expeditious hearing and disposal of matter is required. There is substance in the contentions of Mr. Suryawanshi. In that view of the matter, Writ Petition stands dismissed with direction to respondent no.3 to conclude proceeding within a period of six months from the date of this order. The parties to cooperate for early disposal.

5. Writ Petition stands dismissed with aforesaid directions.

(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2024