-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6156 OF 2009 R. T. Films & Ors. ..Petitioners. Versus Samata Sahakari Bank & Others. ..Respondents. Mr. Sanjay Mishra i/b M/s. Sanjay Associates for the petitioners. Mr. M. Shah Alam Khan for respondent no.1. Mr. R. M. Patne, AGP for respondent nos. 2 & 3. with WRIT PETITION NO. 6157 OF 2009 Rajkumar Pyarelal Santoshi & Ors. ..Petitioners. Versus Samata Sahakari Bank & Others. ..Respondents. Mr. Sanjay Mishra i/b M/s. Sanjay Associates for the petitioners. Mr. M. Shah Alam Khan for respondent no.1. Mr. R. M. Patne, AGP for respondent nos. 2 & 3. Coram : R. V. MORE, J. Date : April 16, 2010. P. C. : 1. Heard learned counsel for the petitioner and respondent no.1. The petitions take exception to the Recovery Certificates granted by respondent no.2 under section 101 of the Maharashtra Co-operative Societies Act, 1960 (for short, “the said Act.”) against the petitioners and in favour of respondent no.1. The parties to both these petitions being same, both the petitions are being disposed of by this common order. 2. The subject matter of writ petition No.6156 of 2009 is the Recovery -: 2 :- Certificate issued under section 101 of the said Act under which the petitioners were directed to pay to respondent no.1 an amount of Rs. 79,67,037/- alongwith interest at the rate of 15% p.a. after deducting the amount already paid by the petitioner. 3. The subject matter of writ petition no.6157 of 2009 is the Recovery Certificate issued under section 101 of the said Act under which the petitioners are directed to pay to respondent no.1 an amount of Rs. 85,72,644/- alongwith interest at the rate of 15% p.a. after deducting the amount already paid by the petitioner. 4. The petitioners by-passing the remedy available to them under section 154 of the said Act, have filed the above writ petitions, mainly on the ground that the above certificates were issued violating and in breach of the principles of natural justice. 5. There is no dispute amongst the petitioners and respondent no.1 that during the pendency of proceedings initiated under section 101 of the said Act before respondent no.2, the petitioners deposited with respondents total amount of Rs.30 lacs in terms of both the recovery certificates. There is also no dispute that an amount of Rs.50 lacs is deposited by the petitioners with respondent no.1 subsequent to the issuance of recovery certificates. Further petitioners have deposited total amount of Rs.17,60,000/- in this Court in both the petitions. Thus, the petitioners have, as on today, deposited total amount of Rs.97,60,000/- either with the respondent no.1 directly or in this Court in terms of the aforesaid recovery certificates. -: 3 :- 6. In the backdrop of these facts, both the learned counsel agree for remand of the matter back to respondent no.2 – Assistant Registrar, Co-op. Societies for afresh hearing as to the recoverable dues. Learned counsel for the petitioners submit that the petitioners have no objections if respondent no.1 withdraws the amount deposited by them in this Court. 7. In the light of these facts and circumstances, by consent of the parties following order is passed. -: O R D E R :- (i) The impugned orders, i.e., Recovery Certificates issued under section 101 of the said Act by the Assistant Registrar, Co-operative Societies, in favour of respondent no.1 and against the petitioners are set aside. (ii)Both the matters are remanded back to the respondent no.2 for hearing afresh as to the recoverable dues payable by the petitioners. (iii)Respondent no.1 is permitted to withdraw the amount of Rs. 17,60,000/- deposited by the petitioners in this Court alongwith the interest accrued on the said amount. Needless to state that the said amount shall be adjusted towards the petitioners’ recoverable dues. (iv)The petitioners and respondent no.1 shall remain present before respondent no.2 – Assistant Registrar, Co-operative societies, on 3rd May 2010 at 11.00 a.m. sharp. Respondent no.1 on or before 3rd May 2010 shall supply a copy of the application under section 101 of the said Act alongwith annexures thereto. (v)The respondent no.2 is directed to take up the proceedings initiated by -: 4 :- respondent no.1 under section 101 of the said Act for hearing and dispose of the same as expeditiously as possible, preferably within the period of 6 months from 3rd of May 2010. (vi)Respondent no.2 shall dispose of respondent no.1’s application under section 101 of the said Act independently on its own merits without being influenced in any manner by this order. (vii)The petitions stand disposed of on the above terms. (R.V. MORE, J.)