1 WP No.11503/2010 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.11503 OF 2010 ,With CA/11017/2011 DEVSING TRIMBAK PATIL DIED TH LLRS LILABAI DEVSING PATIL AND ORS VERSUS THE STATE OF MAHARASHTRA AND ORS ... Advocate for Petitioners : Mr.Patil Vijay B. AGP for Respondent State: Mr.VH Dighe. Mr.DB Thoke, Adv. For Resp.Nos. 2 to 4 ***** CORAM : K.U.CHANDIWAL, J. DATE : 28th NOVEMBER, 2011. PER COURT : 1) Heard Mr.Thoke for the Applicant Bank in CA No.11017/2011 and also both the learned counsel Mr. Patil and Mr.Thoke in the writ petition. 2) Petitioner’s father was a guarantor to the loan arrangement advanced to Respondent no.5 – Kishor Bhaskar Patil. Based on the papers presented and petition of the Bank, The Deputy Registrar, Cooperative Societies, Jalgaon issued a certificate under Section 101 of Maharashtra Cooperative Societies Act, 1960, on 2nd February, 2010 in Recovery Certificate Case No.454/2009. 2 WP No.11503/2010 3) In fact, Trimbak, the guarantor, expired on 17th October, 2008 and consequently, the proceedings, seeking recovery certificate, after his death and particularly on 18.7.2009, would not be maintainable. On this ground alone, without adverting to other defects in regard to issuance of recovery certificate, the said certificate issued against son of a dead person, i.e. Devsingh Trimbak Patil, is quashed and set aside. Writ Petition is allowed to the extent as above. 4) Application of Mr.Thoke for vacating stay is ultimately disposed off. Needless to indicate, if the Bank has legal avenues to prosecute its remedies for recovery of the outstanding amount, the order passed in the writ petition will not be an impediment in doing so. (K.U.CHANDIWAL) JUDGE bdv/