SSK/906 1 WP.1756.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1756 OF 2011 M/s. Shelter Point Pvt. Ltd. ....Petitioner Versus State of Maharashtra & Ors. ...Respondents Mr. Vinit Naik with Mr. Madhur Rai i/b. M/s. J. R. T.Legal for the petitioner. Mr. R. C. Dhuru for respondent nos. 3 & 4. Mr. Shashank N. Fadia for respondent no.5. CORAM : RANJIT MORE, J. DATED : 8TH MARCH, 2011. P.C.: Heard Mr. Naik, learned counsel for the petitioner, Mr. Dhuru, learned counsel for respondent no.3 & 4 and Mr. Fadia, learned counsel for respondent no.5. 2. The respondent no.4 initiated proceedings under section 101 of the Maharashtra Co-operative Societies Act, 1960 against the petitioner. The Deputy Registrar after hearing the parties granted recovery certificate in the tune of Rs.1,26,75,083.64 paise along with interest @ 14 % p.a. on the principal amount. The Bank, thereafter, initiated proceedings for execution of the recovery certificate. The property of the petitioner which was already mortgaged with respondent no.4 was put on auction. The auction was held after following procedure prescribed under the SSK/906 2 WP.1756.11 provisions of Rule 107 of the Maharashtra Co-operative Societies Rules, 1961 on 18th August, 2010. The offer of respondent no.5 being highest i.e. Rs.1,38,00,000/- approximately was accepted. The respondent no.5, thereafter, deposited the said amount within the stipulated time as per the relevant provisions. The petitioner within a period of 30 days from the date of auction has not taken any steps to deposit the purchase amount or apply for setting aside the auction. The sale deed of the property which was auctioned was executed by respondent no.3-Special Recovery Officer in favour of respondent no.5 on 28th February, 2011 and the sale deed was registered on 1st March, 2011. In the circumstances, the title of the property in question is passed to respondent no.5. The learned Divisional Joint Registrar has considered all the aspects and rejected the petitioner’s application for setting aside the auction sale. In the above facts and circumstances, I am not inclined to interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. The Petition is, therefore, dismissed. 3. In view of the disposal of the petition, the civil application no. 532 of 2011 is rendered infructous and the same is disposed of. (RANJIT MORE, J.)