IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5335 OF 2008 WITH WRIT PETITION NO.5509 OF 2008 H.A.L. (N.D) Employees Co.op. Credit Society Ltd. ...Petitioner V/s. State of Maharashtra & Ors. ...Respondents ...... Mr.Y.R.Naik for Petitioner in both matters. Mr.S.D.Rayrikar, A.G.P. for Respondent No.1 in both matters. Mr.V.Z.Kankaria for Respondents 2, 4, 5, 6, & 7 in WP/5335/2008. Mr.P.N.Joshi for Respondents 2 & 3 in WP/5509/2008. Mr.Tushar Sonawane for Respondents 3 & 9 in WP/5335/2008. Mr.S.M.Gorwadkar for Respondent No.4 in WP/5509/2008. Mr.M.S.Karnik for Respondent No.5 in WP/5509/2008. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. MARCH 20, 2009. MARCH 20, 2009. MARCH 20, 2009. P.C. : 2 : 1. Heard Counsel for the parties. 2. In my opinion, the view taken by the lower Court that the jurisdiction lies with the Civil Judge, Senior Division, Niphad does not merit any interference in the fact situation of the present case. In addition to the reasons already recorded, in my opinion, the crucial fact which has not been adverted to in the impugned Judgement is that the decree holder Society has its registered office at Niphad. The enquiry under Section 88 was in relation to the matters concerning the said Society and the Recovery Certificate is now put to execution which, therefore, should logically proceed before the Civil Judge, Senior Division, Niphad. Even for this reason, no interference is warranted. Dismissed. 3. All other contentions available in the execution proceedings to the parties are left open to be considered on its own merits in accordance with law, except the issue of jurisdiction of Civil Judge, Senior Division, Niphad. : 3 : A.M.KHANWILKAR, J.