FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.40 OF 2009 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr.J.P.Sen i/b M/s.T.N.Tripathi & Co. for the petitioner. Mr.V.S.Gokhale AGP for respondent no.6. Ms.R.Peerbhoy for respondent nos.1 and 2. CORAM: S.B.MHASE & D.B.BHOSALE, JJ. CORAM: S.B.MHASE & D.B.BHOSALE, JJ. CORAM: S.B.MHASE & D.B.BHOSALE, JJ. DATED: 25TH FEBRUARY, 2009. DATED: 25TH FEBRUARY, 2009. DATED: 25TH FEBRUARY, 2009. P.C.: P.C.: P.C.: . Heard. 2. The petitioner claims to be co-owner of the property which has been put for auction by respondent no.2 for the recoveries. The said proceeding is going on under Rule 107 of the Maharashtra Co-operative Societies Rules. The person who is not party to recovery certificate can raise objection before the Recovery Officer and the recovery officer has to decide in accordance with the rules. Learned counsel for the petitioner stated that he has already filed an application before the recovery officer. Under these circumstances the petitioner claims that the auction be stayed and/or if the objection is rejected, the protection may be granted not to sale the property till 15 days. All these powers are with the recovery officer under section 107 of the Maharashtra Co-operative Societies Act. We refrain to entertain the petition. The petition is rejected. (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)