usj IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 8042 OF 2008 PETITION NO. 8042 OF 2008 PETITION NO. 8042 OF 2008 Shri Rajaram Mahind Sakat ..Petitioner V/s. Jeevandhara Nagari Sahakari Patsanstha Maryadit, Kheradewadi & Ors. ..Respondents ...... Mr. Amit Sale for the Petitioner Mr. U.R. Mankapure for the Respondent ...... CORAM CORAM CORAM : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. : ANOOP V.MOHTA, J. DATED DATED DATED : 12TH FEBRUARY, 2009 : 12TH FEBRUARY, 2009 : 12TH FEBRUARY, 2009 P.C. P.C. P.C. 1. Pursuance to the order dated 28th January, 2009, the petitioner has filed an undertaking dated 3rd February, 2009, which reads as under :- "1. I have filed the aforesaid Writ Petition before this Hon’ble Court challenging the order dated 19.07.2008 passed by the Learned Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur in Revision Application No.115 of 2008, whereby Revision Application preferred by me is rejected on the ground of Non deposit of 50% of the amount under the Recovery Certificate issued under Sec.101 of Maharashtra Co-operative Societies Act, 1960. 2. I undertake to this Hon’ble Court to deposit the said amount within a period of 6 weeks from the date of order passed by this Hon’ble Court in that behalf. 3. I state that, my salary has been attached and after issuance of Recovery Certificate u/s 101 of the said Act and the Respondent Society ( 2 ) has received certain amount by deduction of my salary, I humble pray that, the said amount be computed for the purpose of 50% amount as mentioned above. Further, I pray that, pending the hearing and final disposal of aforesaid Revision Application by suitable directions, the amount of salary be released without deduction therein. 2. In view of this, petitioner has challenged the mandate of payment of 50% amount as contemplated under Section 154(2A) of the Maharashtra Co-operative Societies Act, 1960. In view of this undertaking, the present petition is disposed of. 3. Pursuance to the undertaking, the petitioner will deposit the amount within a period of six weeks from today. 4. Liberty is granted to the petitioner after deposit of the amount to apply before the appropriate authority to consider his case of adjustment of the amount already deducted from his salary towards the computation of 50%. The Registrar will pass appropriate order in accordance with law. 5. Petition is disposed of accordingly. ( 3 ) ( ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.) ANOOP V. MOHTA, J.)