921-WP.846.2010.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 921 WRIT PETITION NO. 846 OF 2010 WITH CIVIL APPLICATION NO. 10038 OF 2026 IN WP/846/2010 Veej Kamgar Co Operative Credit So Ltd Through Secretary Rajkumar Baburao Jadhav VERSUS The State of Maharashtra And Ors ... Mr. S. L. Bhapkar, Advocate for the Petitioner. Mr. K. N. Lokhande, AGP for Respondent No.1-State. Mr. U. S. Malte (through VC), Advocate for Respondent Nos.2 to 5. Mr. U. B. Bilolikar, Advocate for Respondent No.6. ... CORAM : KISHORE C. SANT & JITENDRA JAIN, JJ. DATE : 4th SEPTEMBER, 2026 PER COURT : 1. Heard Mr. Bhapkar, learned advocate for the petitioner, Mr. Lokhande, learned AGP for respondent no.1-State, Mr. Malte, learned advocate for respondent nos.2 to 5 and Mr. Bilolikar, learned advocate for respondent no.6. 2. The prayer in the petition is to direct M.S.E.D.C.L. i.e. respondent nos.2 to 5 to accept cheques dated 27.11.2009 and 25.12.2009 for amount of Rs.25,00,000/- and Rs.30,23,500/- respectively, allegedly issued by respondent no.6 in favour of respondent nos.2 to 5. It is further prayed for a direction to the Sayyed 1/4 2026:BHC-AUG:41351-DB 921-WP.846.2010.doc company to encash the said cheques and refund the amounts to the members of the petitioner-society, which are recovered from the salary of this petitioner. 3. On going through the submissions, it is seen that respondent nos.2 to 5 had appointed the petitioner as an agent to collect the dues for the charges of electricity from its consumers. The petitioner- society, in turn, had entered into a contract with respondent no.6 for the said purpose. It is the case of the petitioner that, though respondent no.6 collected amount from the consumers, he did not deposit the amount with respondent nos.2 to 5. The respondents, however, recovered the amount from the society. The society paid the amount by recovering the same from the salaries of its employees. 4. The grievance of the petitioner is that, when respondent no.6 had been to the respondents with the cheques, M.S.E.D.C.L. did not accept the said cheques. A direction is, therefore, sought to accept the cheques and to deposit the cheque/amount with respondent nos.2 to 5, and thereafter, to refund the said amount to the employees of the petitioner-society from whose salaries the amount which is already recovered. 5. Learned advocate for the petitioner further relies upon the order passed by this Court in Writ Petition No.13367 of 2017 dated Sayyed 2/4 921-WP.846.2010.doc 09.10.2025, wherein this Court had clarified that the order will not preclude the petitioner to take appropriate steps for the recovery, in pursuance of recovery certificate in accordance with law. Learned advocate for the petitioner has placed on record additional affidavit alongwith documents. The same is taken on record. 6. This Court finds that this is purely a contractual matter. It was open for the petitioner to prosecute the recovery and to start recovery proceedings against respondent no.6. It is also now brought on record that in the meantime, the society has obtained recovery certificate against members of the managing body of the petitioner- society which was then functioning. The recovery certificate is issued on 10.05.2022. Be that as it may, this Court finds that it is open for the petitioner to make a recovery in whatever manner permissible under law from the concerned persons. 7. It is also pointed out during the course of argument by Mr. Malte that the M.S.E.D.C.L. did not accept the cheques from respondent no.6 for the reason that the contract was with the petitioner-society and thus there was no question of accepting amount from anyone else other than the society. 8. Considering all above, this Court need not issue any direction under Article 226 of the Constitution of India. There is no substance Sayyed 3/4 921-WP.846.2010.doc in the writ petition. Except the liberty granted above, this Court cannot entertain the petition. Petition, therefore, stands disposed off. 9. Pending civil application(s), if any, stand disposed off. (JITENDRA JAIN, J.) (KISHORE C. SANT, J.) Sayyed 4/4