-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 239 OF 2011 Bhagwan S. Moorjani. ..Petitioner. Versus Trishul Apartments B Wing CHS Ltd and Anr. ..Respondents. Mr. Goolam Rasool Khan for the petitioner. Mr. J. M. Khadarkar for respondents. Coram : RANJIT MORE, J. Date : March 16, 2011. P. C. : 1. Heard learned counsel for the respective parties. The petitioner has challenged the Recovery Certificate issued under section 101 of the Maharashtra Co-operative Societies Act, 1960 [for short “the said Act”]. Learned counsel for the petitioner, however, submitted that if he files revision he has to deposit 50% of the recoverable dues and therefore he has approached this Court directly challenging the Recovery Certificate. 2. If the provisions of law makes it mandatory upon the party to deposit 50% of recoverable dues under the recovery certificate while challenging the certificate, that condition cannot be waived. The provision regarding mandatory deposit under sub-section 2A of section 154 of the said Act are upheld by this Court & therefore srp -: 2 :- no interference is warranted in this case. Writ petition is, therefore, dismissed. 3. Needless to mention that the petitioner is at liberty to approach the revisional authority under section 154 of the said Act after compliance with the provisions of sub-section 2A of section 154 of the said Act. 4. In view of the disposal of writ petition, civil application does not survive and same is also therefore disposed of. (RANJIT MORE, J.)