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Mukul Chinchalkar   06 March 2018

Recovery under RRC by district collector

Dear sir, I have a RRC recovery pending in Thane, and the same is not being executed by officials. I had filed a business recovery in MSME Council at Bhopal, for recovery of pending payment, under MSME act 2006, in 2010; and MSME Council had ordered the recovery from defending party ( Proprietory ) on 12/8/2013. As per Arbitration act, allotted period of 90 days and grace period of 30 days had over, The Council wrote to District Collector Thane for executing this recovery under Revenue Recovery act. In the further process, Collector office Thane ordered Thane Tehsil office for executing this recovery. After lot of my efforts, Thane Tehsil office recovered a cheque of Rs.61,52,892/- from party on 18/9/2017. The said cheque was deposited by us on 5th October 2017 and was returned by issuers banker, mentioning remark that “ payment stopped by drawer “. Since then MEME Council have written 2 letters to collector, I have written 6 letters to tehsil office, 3 letters to District collector, 3 letters to CM office, and 3 complaints on Aple Sarkar portal, visited Tehsil office 4 times and tweeted to CM for 4 times. As on date, the result is NIL As I understand that, the whole system is managed by party and hence on one is ready to take action against him. In fact, Collector and Tehsil office are under following faults. – A. Even when MSME Council had asked for getting Demand Draft from party, Tehsil office had accepted cheque payment. B. After cheque return, series of letters and adequate follow-up is made. Even then no action is taken by concerned officers. It indicates that, there is something, which is not permitting the officials to take action and arrest the culprit. C. Hiding and protecting criminal is also a crime, which Tehsil office, Collector and CMO are doing jointly. D. There is an act called “ Maharashtra Right to Public Services Act, 2015 (Mah. Act No. XXXI of 2015), published under the authority of the Governor “. There is time span for Processing of a RRC recovery, which is violated by Tehsil and Collector office. I want to know, as what is the legal way to execute this recovery urgently, and how much time will it take. Kindly advise. With Warm regards, MUKUL CHINCHALKAR. Indore.



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