1 W.P. 4532.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4532 OF 2011 Dilip Baliram Phalak Age : 41 Yrs., Occ. Labour, R/o : Nimbora (Bk.), Deepnagar, Tq. Bhusawal, Dist. Jalgaon. ..... PETITIONER V E R S U S 1. Sahkar Mitra Shri. Chandrakant Hari Badhe Sir Urban Co-operative Credit Society Ltd., Varangaon, Tq. Bhusawal, Dist. Jalgaon Through its Manager. 2. Special Recovery Officer Sahkar Mitra Shri. Chandrakant Hari Badhe Sir Urban Co-operative Credit Society Ltd., Varangaon, Tq. Bhusawal, Dist. Jalgaon. 3. Assistant Registrar (Co-operative Societies) Bhusawal, Tq. Bhusawal, Dist. Jalgaon. ..... RESPONDENTS 2 W.P. 4532.2011 - [ J ] Mr. G.V.Wani, Advocate for the petitioner. Mr. K.B.Choudhari, Addl. Govt. Pleader for State. Mr. V.B.Patil, Advocate for Resp. No. 1. CORAM : S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 14/12/2011. ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing. 2. The petitioner impugns the Recovery Certificate issued U/s 101 of the Maharashtra Co-operative Societies Act [ For short, ‘ said Act ’ ] by the Assistant Registrar, Co-operative Societies, Bhusawal. 3. Mr. Wani, the learned counsel for the petitioner submits that the said Recovery Certificate has been issued without following the procedure as is laid down under Rule 86-A to 86-F of the Maharashtra Co- operative Societies Rules [ For short, ‘ said Rules ’ ]. In fact, while issuing the said Certificate, the Assistant Registrar has not granted any opportunity to the petitioner. Even the documents which were filed in that proceedings, were not supplied. According to the learned counsel, the petitioner deserves to be given an opportunity. The petitioner has 3 W.P. 4532.2011 - [ J ] deposited an amount of Rs. 1,00,000/- [ Rupees One Lac only ] as directed by this Court. 4. Mr. V.B.Patil, the learned counsel for respondent nos. 1 and 2 submits that the petitioner did not file any Say and as such no question arises of the Assistant Registrar following the recourse of Rule 86-A to 86- F of the said Rules. According to the learned counsel, all the documents were placed on record and the petitioner has every opportunity to have access to the said documents. 5. With the assistance of the learned counsel, I have gone through the order. 6. From the perusal of the said Recovery Certificate, it transpires that the Assistant Registrar has not given any reasons. It has simply issued the certificate in proforma. Even the grievance of the petitioner seems to be justified that he was not supplied with any document and in view of the fact that the petitioner was not supplied with any document, the petitioner was unable to file his reply. It shows that even the principles of natural justice were not followed. The Assistant Registrar has followed Rules 86-A to 86-F of the said Rules more in breach. 4 W.P. 4532.2011 - [ J ] 7. The petitioner deserves to be given opportunity to contest the proceedings U/s 101 of the said Act. The petitioner has also shown his bonafides. The petitioner has deposited the amount of Rs. 1,00,000/- [ Rupees One Lac only ] as directed by this Court in this Court. The petitioner shall deposit an additional amount of Rs. 1,00,000/- [ Rupees One Lac only ] with respondent no. 1 within the period of six ( 6 ) weeks from today i.e. 25/01/2012. Respondent no. 1 is allowed to withdraw the amount of Rs. 1,00,000/- [ Rupees One Lac only ] deposited in this Court by the petitioner. 8. In case Rs. 1,00,000/- [ Rupees One Lac only ] is deposited with respondent no. 1 within the period of six ( 6 ) weeks from today, then the Assistant Registrar shall decide the proceedings U/s 101 of the said Act between the parties afresh after giving opportunity to the parties and following rules 86-A to 86-F of the said Rules. The parties shall appear before the Assistant Registrar on 23/01/2012. 9. The Assistant Registrar shall decide the said proceedings as expeditiously as possible and preferably within the period of six ( 6 ) months from the date of appearance of the parties. 10. Rule is accordingly made absolute in above terms. No costs. 5 W.P. 4532.2011 - [ J ] 11. Needless to state that the deposit made herein is without prejudice to the rights of either parties and subject to the decision in the proceedings before the Assistant Registrar, Co-operative Societies, Bhusawal. [ S.V. GANGAPURWALA,J. ] KNP/W.P. 4532.2011 - [ J ]