BHANUDAS @ SURYABHAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties, matter is taken up for final hearing at the admission stage.

(2.) A somewhat unique issue arises in the present petition. Whether an authority exercising powers under the provisions of the Maharashtra Money Lending (Regulation) Act, 2014 (for short 'the Act of 2014) can pass an order contrary to a decree passed by a Civil Court? The issue arises in the light of challenge set out up by Petitioner to the order dtd. 30/3/2022 passed by the Divisional Joint Registrar, Co-operative Societies passed in Second Appeal No.8/2008 thereby confirming the order dtd. 14/6/2018 passed by the District Registrar (Money Lending) and District Sub Registrar Co-operative Societies, Ahemadnagar in Appeal No.69/2017.

(3.) Shorn of unnecessary details, facts of the case are that two sale deeds came to be executed by respondent no.5 in favour of petitioner on 13/11/2009 transferring the right, tittle and interest in respect of lands admeasuring 80R each in Gut No.135/4 for consideration of Rs.3,00,000.00each (total consideration of Rs.6,00,000.00). There is a difference of opinion between petitioner and respondent no.5 as to the nature of transaction. While the petitioner has considered the transaction as a sale deed, respondent no.5 assumes the same as mortgage by conditional sale.