wp2823-11.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2823 OF 2011 Rakesh Vishnu Ghole .. Petitioner versus Jansahkarya Sahakari Patpedhi Ltd & Ors .. Respondents Mr.Mehul Shah for the petitioner. Mr.S.A.Pawar for respondent Nos.1 and 3. Mr.R.M.Patne, A.G.P for respondent No.2. CORAM : S.C.DHARMADHIKARI, J. 22nd JUNE 2011. P.C.: . The petitioner has challenged the recovery certificate under section 101 of the Maharashtra Co-operative Societies Act, 1960. 2 It has been pointed out by the learned advocate appearing for respondent No.1 that the petitioner has an alternate and equally efficacious remedy under section 154 of the Maharashtra Co-operative Societies Act, 1960 available to him wp2823-11.doc 2 and, therefore, this petition is not maintainable. 3 Mr.Shah appearing on behalf of the petitioner submits that the remedy cannot be said to be alternate and efficacious at all. Once the order in that behalf is based on breach and violation of principles of natural justice, requirement of either relegating the petitioner to the alternate remedy or even if the remedy is to be availed of to comply with sub-section (2A) of section 154, is not necessary. 4 It has been pointed out from the record that the petitioner had due notice of the proceedings. The notice was issued to the petitioner at the address provided by the petitioner himself. Whether the structure which is stated to be described in the notice is in existence or not and whether the petitioner had notice of the proceedings are matters which are in dispute. This is not a clear and admitted case of the principles of natural justice having been violated. More so, when the authorities have felt that the petitioner has deliberately kept himself away from the proceedings despite receipt of notice. Therefore, the reliance wp2823-11.doc 3 placed on the judgments of this Court is misplaced as they are inapplicable to the peculiar facts of this case. The petitioner will have adequate opportunity to satisfy the revisional authority that the issuance of the recovery certificate is not in accordance with law or in any event vitiated by non observance of principles of natural justice. Merely because the petitioner will have to comply with sub-section 2A of section 154 of the Maharashtra Co- operative Societies Act, 1960 does not mean that the remedy is not efficacious or the conditions imposed are onerous. The second contention of Mr.Shah that the petitioner is in no way responsible for the dues of the 1st respondent as the entire amount has been repaid and the earlier attempt to secure recovery certificate failed, would also necessitate going into questions of fact. It is not possible to resolve them in the limited jurisdiction under Articles 226 and 227 of the Constitution of India. The petition is, therefore, dismissed on the ground that the petitioner has alternate and equally efficacious remedy available to him in law. At this stage, Mr.Shah prays that if the petitioner is given some time to deposit the amount, he will avail of the alternate remedy but this Court may protect him till that time. wp2823-11.doc 4 Further, he prays that the revisional authority should then entertain the application on merits and not reject it only on technical grounds and particularly as barred by delay in filing the same. 5 Mr.Pawar appearing on behalf of the 1st respondent has no objection to this course, provided, the petitioner abides by his statement. 6 In these circumstances, if the petitioner deposits the sum required by sub-section 2A of section 154 of the Maharashtra Co-operative Societies Act, 1960 within a period of eight weeks from today and produces proof of such deposit, the revisional authority should condone the delay in filing revision application and dispose of the same after hearing both sides on merits and in accordance with law. For a period of eight weeks from today, no coercive measures shall be taken against the petitioner. Petition disposed off in these terms but without any order as to costs. (S.C.DHARMADHIKARI, J)