Rajasthan High Court - Jodhpur
Ritesh Dutt Bohra vs Union Of India ... on 3 October, 2023
Bench: Pushpendra Singh Bhati
[2023:RJ-JD:32226]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 10411/2022
Ritesh Dutt Bohra S/o Sushil Dutt Bohra, Aged About 37 Years,
Thakur Dwara, Bhatiyon Ka Bas, Brahampuri, Jodhpur
(Rajasthan). Present R/o A-179, Sukhram Nagar, Rajbag
Soorsagar, Jodhpur (Rajasthan).
----Petitioner
Versus
1. Union Of India, Through Central Registrar, Ministry Of
Agriculture And Farmers Welfare, Department Of
Agriculture, Co-Operation And Farmers Welfare, Office Of
The Central Registrar Of Co-Operative Societies Krishi
Bhawan, New Delhi 110001
2. Central Registrar Of Co-Operative Societies, Ministry Of
Agriculture, Co-Operation And Farmers Welfare, Krishi
Bhawan, New Delhi 110001.
3. State Of Rajasthan, Through The Principal Secretary, Co-
Operative Department, Govt. Secretariat, Jaipur.
4. Chairman, Adarsh Credit Co-Operative Society Ltd,
Scs/cr/269/2008, Central Office, Sector 11, Hiran Magari,
Udaipur.
5. Reserve Bank Of India, Through Its Chairman, 6, Sansad
Marg, Sansad Marg Area, New Delhi 110001.
6. Adarsh Credit Co-Operative Society Ltd., Adarsh Bhawan,
14 Vidhya Vihar Colony, Usmanpura, Ashram Road,
Ahmadabad (Gujarat) - 380013.
7. Liquidator/managing Director, Adarsh Credit Co-Operative
Society Ltd. 14, Vidhya Vihar Colony, Usmanpura, Ashram
Road, Ahmadabad (Gujarat) - 80013.
8. Branch Manager, Adarsh Credit Co-Operative Society Ltd,
Jodhpur Chopasani Road, Jodhpur, (Raj.).
----Respondents
For Petitioner(s) : Ms. Ruchi Parihar a/w Mr. Praveen
Dayal Dave.
For Respondent(s) : Mr. Sudhir Tak, AAG assisted by Mr.
Navneet Singh.
Mr. Mukesh Rajpurohit, Dy. S.G.
assisted by Mr. Prakash Raika.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
03/10/2023
1. Learned counsel for the parties are in agreement that the
controversy involved in the present case is squarely covered by
the decision rendered by this Court in Kanta Sharma & Ors. Vs.
Union of India & Ors. (S.B. Civil Writ Petition
(Downloaded on 12/11/2023 at 06:47:29 AM)
[2023:RJ-JD:32226] (2 of 2) [CW-10411/2022]
No.9062/2022) on 06.07.2023, the relevant portion of which,
reads as follows:
"5. This Court in the case of Dipesh Mishra & Ors.Vs.
Union of India & Ors. (Supra) has also held that it is
not the correct remedy at this stage to approach this
Court in the writ jurisdiction, as there is an appropriate
remedy under Section 26 of the PLMA.
6. Upon such submissions having been made, this
Court is conscious of the fact that earlier orders were
being passed for making representation to the
liquidator by the depositors for their respective claims,
but the turn of events and particularly, the judgment of
this Hon'ble Court as well as the proposition under the
PMLA, which includes attachment and the adjudication
before the appellate Tribunal, does not call for any
interference at this stage.
7. In view of the above, the present petition is
disposed of with liberty to the petitioners to take-up all
their issues before the appellate Tribunal under the
PMLA and also make their claim before the liquidator
and such claim can be decided by the appellate
Tribunal and in consequence of the same the liquidator
may act strictly in accordance with law. Thereafter, if
any cause of action remains, the petitioners shall be at
liberty to approach this Court again.
8 All pending applications also stand disposed of."
2. For the self same reasons, the present writ petition is
disposed of in terms of the order passed in the case of Kanta
Sharma (Supra). All pending applications also stand disposed of.
(DR.PUSHPENDRA SINGH BHATI), J.
53-/Jitender//-
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