1 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 APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.610 OF 2008 NO.610 OF 2008 NO.610 OF 2008 Vasai Vasai Vasai Janata Janata Janata Co-operative Bank Ltd..Petitioner Co-operative Bank Ltd..Petitioner Co-operative Bank Ltd..Petitioner vs vs vs 1.1.1. Progressive Progressive Progressive Engineering Co. Engineering Co. Engineering Co. Respondents Respondents Respondents & ors. ors. ors. Mr.H.S.Shreepad Mr.H.S.Shreepad Mr.H.S.Shreepad Murthy for Petitioner Murthy for Petitioner Murthy for Petitioner Mr.S.C.Prabhu Mr.S.C.Prabhu Mr.S.C.Prabhu for Respondent no.1 for Respondent no.1 for Respondent no.1 Mr.R.M.Patne, Mr.R.M.Patne, Mr.R.M.Patne, AGP AGP AGP for Respondent no.2 for Respondent no.2 for Respondent no.2 CORAM CORAM CORAM : : : S.C.Dharmadhikari, J S.C.Dharmadhikari, J S.C.Dharmadhikari, J DATED DATED DATED : : : 7th February, 2008 7th February, 2008 7th February, 2008 P.C. P.C. P.C. 1.1.1. Vasai Janta Co-operative Bank Ltd is aggrieved Vasai Janta Co-operative Bank Ltd is aggrieved Vasai Janta Co-operative Bank Ltd is aggrieved by by by the order passed by the Divisional Joint the order passed by the Divisional Joint the order passed by the Divisional Joint Registrar, Registrar, Registrar, Cooperative Societies, Konkan Division, Cooperative Societies, Konkan Division, Cooperative Societies, Konkan Division, New New New Bombay in Revision Application No. 88 of 2007 Bombay in Revision Application No. 88 of 2007 Bombay in Revision Application No. 88 of 2007 which which which is preferred by the 1st respondent. is preferred by the 1st respondent. is preferred by the 1st respondent. 2.2.2. This Revision Application was preferred This Revision Application was preferred This Revision Application was preferred challenging challenging challenging the order dated 27th February, 2007. the order dated 27th February, 2007. the order dated 27th February, 2007. That That That was an order under which the Deputy Registrar was an order under which the Deputy Registrar was an order under which the Deputy Registrar issued issued issued 3 recovery certificates in favour of the 3 recovery certificates in favour of the 3 recovery certificates in favour of the petitioner-bank. petitioner-bank. petitioner-bank. The respondent no.1 deposited The respondent no.1 deposited The respondent no.1 deposited Rs.1,92,000/- Rs.1,92,000/- Rs.1,92,000/- in respect of one recovery in respect of one recovery in respect of one recovery certificate certificate certificate and in respect of another and in respect of another and in respect of another Rs.3,11,983/-. Rs.3,11,983/-. Rs.3,11,983/-. The other recovery certificates are The other recovery certificates are The other recovery certificates are outstanding. outstanding. outstanding. These demands have been made sometime These demands have been made sometime These demands have been made sometime inin in March, 2007. The bank could not recover the March, 2007. The bank could not recover the March, 2007. The bank could not recover the balance balance balance sum by post-dated cheques or otherwise. sum by post-dated cheques or otherwise. sum by post-dated cheques or otherwise. Therefore, Therefore, Therefore, it initiated recovery measures. The it initiated recovery measures. The it initiated recovery measures. The property property property was attached as the amount due was was attached as the amount due was was attached as the amount due was Rs.78,80,102/-. Rs.78,80,102/-. Rs.78,80,102/-. It is when the attachment was It is when the attachment was It is when the attachment was levied levied levied on 23rd October, 2007 that three Revision on 23rd October, 2007 that three Revision on 23rd October, 2007 that three Revision 2 Applications Applications Applications were filed out of which in only one were filed out of which in only one were filed out of which in only one compliance compliance compliance was was was made with the mandate of section 154 made with the mandate of section 154 made with the mandate of section 154 (2A) (2A) (2A) of the Maharashtra Cooperative Societies Act, of the Maharashtra Cooperative Societies Act, of the Maharashtra Cooperative Societies Act, 1960. 1960. 1960. Despite this position, the 2nd respondent Despite this position, the 2nd respondent Despite this position, the 2nd respondent who who who is the Divisional Joint Registrar not only is the Divisional Joint Registrar not only is the Divisional Joint Registrar not only condoned condoned condoned the delay and admitted the Revision the delay and admitted the Revision the delay and admitted the Revision Application Application Application but, stayed the recovery certificates but, stayed the recovery certificates but, stayed the recovery certificates and and and the the recovery proceedings. He passed a the the recovery proceedings. He passed a the the recovery proceedings. He passed a mandatory mandatory mandatory order directing the petitioner-bank to order directing the petitioner-bank to order directing the petitioner-bank to return return return the premises which are attached. the premises which are attached. the premises which are attached. 3.3.3. Aggrieved by the said Interim Order, the Aggrieved by the said Interim Order, the Aggrieved by the said Interim Order, the present present present petition is filed. petition is filed. petition is filed. 4.4.4. Notice was Issued and Respondent No.1-Orig. Notice was Issued and Respondent No.1-Orig. Notice was Issued and Respondent No.1-Orig. Revisional Revisional Revisional petitioner has appeared in pursuance of petitioner has appeared in pursuance of petitioner has appeared in pursuance of the the the same. same. same. 5.5.5. The learned A.G.P. appeared for the other The learned A.G.P. appeared for the other The learned A.G.P. appeared for the other respondents. respondents. respondents. With their assistance, I have perused With their assistance, I have perused With their assistance, I have perused the the the petition and the annexures thereto including petition and the annexures thereto including petition and the annexures thereto including the the the impugned interim order. After having perused impugned interim order. After having perused impugned interim order. After having perused the the the same, I am satisfied that the learned same, I am satisfied that the learned same, I am satisfied that the learned Divisional Divisional Divisional Joint Registrar could not have directed Joint Registrar could not have directed Joint Registrar could not have directed release release release of the attached property without of the attached property without of the attached property without ascertaining ascertaining ascertaining the dues of the petitioner- bank so the dues of the petitioner- bank so the dues of the petitioner- bank so also also also without disposing of the matter finally. without disposing of the matter finally. without disposing of the matter finally. After After After the matter is placed before him for the matter is placed before him for the matter is placed before him for Admission, Admission, Admission, his order staying the further his order staying the further his order staying the further proceedings proceedings proceedings can be understood but there was no can be understood but there was no can be understood but there was no justification justification justification for directing that the attached for directing that the attached for directing that the attached property property property be released and if the bank has not taken be released and if the bank has not taken be released and if the bank has not taken 3 possession possession possession of the premises, the bank be directed to of the premises, the bank be directed to of the premises, the bank be directed to return return return the same. Such orders at an interlocutory the same. Such orders at an interlocutory the same. Such orders at an interlocutory stage stage stage means that the Revision application is means that the Revision application is means that the Revision application is finally finally finally allowed at this stage. That apart, there allowed at this stage. That apart, there allowed at this stage. That apart, there are are are no reasons assigned much less holding that a no reasons assigned much less holding that a no reasons assigned much less holding that a strong strong strong prima prima prima facie case being made out for grant of facie case being made out for grant of facie case being made out for grant of such such such relief at this stage. In such circumstances, relief at this stage. In such circumstances, relief at this stage. In such circumstances, that that that part of the order whereby directions are part of the order whereby directions are part of the order whereby directions are issued issued issued to the Bank to return the possession of the to the Bank to return the possession of the to the Bank to return the possession of the gala gala gala would stand quashed and set aside. The would stand quashed and set aside. The would stand quashed and set aside. The attached attached attached property, if taken possession by the bank, property, if taken possession by the bank, property, if taken possession by the bank, shall shall shall continue to be retained by it but, the bank continue to be retained by it but, the bank continue to be retained by it but, the bank should should should not proceed to sell either the movables or not proceed to sell either the movables or not proceed to sell either the movables or immovables immovables immovables until the Revision Application is heard until the Revision Application is heard until the Revision Application is heard and and and disposed off. The Divisional Joint Registrar disposed off. The Divisional Joint Registrar disposed off. The Divisional Joint Registrar isisis hereby hereby hereby directed to dispose of the Application as directed to dispose of the Application as directed to dispose of the Application as expeditously expeditously expeditously as as as possible and within a period of six possible and within a period of six possible and within a period of six weeks weeks weeks from from from the date of this order. The parties are the date of this order. The parties are the date of this order. The parties are directed directed directed to appear before the Divisional Joint to appear before the Divisional Joint to appear before the Divisional Joint Registrar Registrar Registrar on 13th February, 2008. It is clarified on 13th February, 2008. It is clarified on 13th February, 2008. It is clarified that that that the Revision Application is with regard to the Revision Application is with regard to the Revision Application is with regard to three three three certificates certificates certificates but, compliance with section 154 but, compliance with section 154 but, compliance with section 154 (2A) (2A) (2A) is made only in respect of one of the is made only in respect of one of the is made only in respect of one of the certificate. certificate. certificate. Hence, with regard to the other two Hence, with regard to the other two Hence, with regard to the other two certificates, certificates, certificates, the the the bank is free to initiate recovery bank is free to initiate recovery bank is free to initiate recovery proceedings proceedings proceedings but in so far as the attached premises but in so far as the attached premises but in so far as the attached premises are are are concerned, they shall not be sold until the concerned, they shall not be sold until the concerned, they shall not be sold until the Revision Revision Revision Application which is on board and listed Application which is on board and listed Application which is on board and listed after after after compliance with section 154 (2A) is disposed compliance with section 154 (2A) is disposed compliance with section 154 (2A) is disposed of. of. of. Petition allowed accordingly. No costs. Petition allowed accordingly. No costs. Petition allowed accordingly. No costs. (S.C.Dharmadhikari, (S.C.Dharmadhikari, (S.C.Dharmadhikari, J) J) J) 4