[1] IN THE HIGH COURTOF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 156 OF 2005 IN WRIT PETITION NO. 373 OF 2005 Niquel D’Souza ... Appellant [Orig.petitioner.] Vs. 1. Shivputra Co-operative Housing Society Ltd & Anr. ... Respondents ALONGWITH APPEAL NO. 157 OF 2005 IN WRIT PETITION NO. 374 OF 2005 Sunny Ferreira ... Appellant. [Orig. petitioner.] Vs. 1. Shivputra Co-operative Housing Society Ltd & Anr. ... Respondents [2] Ms. Anjali Helekar for appellant Mr.Pradip Jadhav AGP for respondent No.1. Mr.N.N.Bhadrashete for respondent No. 2. CORAM CORAM CORAM : D.K.Deshmukh and : D.K.Deshmukh and : D.K.Deshmukh and A.A.Sayed, A.A.Sayed, A.A.Sayed, JJ. JJ. JJ. DATE DATE DATE : February 24, 2009. : February 24, 2009. : February 24, 2009. P.C. 1. In both the appeals a common order passed by the learned Single Judge, dated 14th November, 2005, passed in Writ Petition No. 373 of 2005 and 375 of 2005, is challenged. That common order was passed by the learned Single Judge in writ petitions filed by the petitioners, challenging the recovery certificate issued by the Assistant Registrar of the Co-operative Societies towards the dues of the co-operative Housing Society. The larned single Judge declined to entertain the petition because the recovery certificate is issued under Section 101 of the Maharashtra Co-operative Societies Act and Section 154 of the said Act provides revision against such type of orders. 2. The Maharashtra legislature has amended Section [3] 154 and has provided that for entertaining the revision some amount is required to be deposited in relation to which recovery certificate has been issued. In order to by-pass that provision, the litigants file writ petitions challenging the recovery certificates. In our opinion in such a situation therefore the learned Single Judge was perfectly justified in not entertaining the petitions without the petitioner exhausting the alternate remedy which is provided by the statute itself. 3. Therefore there is no substance in the appeals. Both the appeals are disposed of. [D.K.Deshmukh, [D.K.Deshmukh, [D.K.Deshmukh, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]