1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 8766 OF 2009 1) Shri Azroddin Muzfaroddin Kazi, Age 38 years, Occu. Business, R/o Jamkhed, Dist. Ahmednagar. 2) Sau. Alka Bharat Rajurkar, Age 42 years, Occu. Household, R/o Tapneshwar Road,adjacent to Hanuman Temple, Jamkhed, Dist. Ahmednagar. 3) Satish Chandrakant Kshirsagar, Age 33 years, Occu. Business, R/o Sadafule Vasti, Behind New S.T.Stand, Jamkhed, Tq. Jamkhed, Dist. Ahmednagar. 4) Bapu Vitthal Katrajkar, Age 48 yers, Occu. Business, R/o Tapneshwar Galli, Opp: Hanuman Temple, Jamkhed, Tq. Jamkhed, Dist. Ahmednagar. 5) Suryakant Bansi Kshirsagar, Age 42 years, Occu. Business, R/o Tapneshwar Galli, Near New Marathi School, Jamkhed, Tq. Jamkhed, Dist. Ahmednagar. 6) Ajinath Sahebrao Pole, Age 67 years, Occu. Business, R/o Tapneshwar Galli, Jamkhed, Tq. Jamkhed, Dist. Ahmednagar. 7) Ram Dattatraya Walke, Age 50 years, Occu. Service, R/o Jawla, Tq. Jamkhed, Dist. Ahmedngar. ....Petitioners. Versus 2 1] The State of Maharashtra, through its Secretary, Co-operative Department, Mantralaya, Mubai-32. 2] The Assistant Registrar, Co-operative Societies (Deputation) Ahmednagar District Nagari Sahakari Bank’s Association Ahmednagar, Tq. & Dist. Ahmednagar. (Amendment made as per Court’s order dated 18/01/2010.) 3] Jamkhed Merchant Co-op. Bank Ltd., Main Road, Jamkhed, through its Administrator. 4) Shri S.V. Patil, Special Recovery & Sales Officer, Ahmednagar District Co-op. Pat Sanstha Federation Ltd., Ahmednagar, Tq. & Dist. Ahmednagar. ....Respondents. ------ Shri N.C. Garud, Advocate for petitioners. Shri T.S. Lodhe, A.G.P. for respondent Nos. 1 & 2. Shri Prashant R. Nagare, Advocate for respondent No. 3 & 4. ------ CORAM : R.K. DESHPANDE, J. DATE : 07th July, 2010. ORAL JUDGMENT : 1. This Writ Petition challenges, order of attachment of 3 property dated 27/11/2009 passed under Rule 107 (10) of the Maharashtra Cooperative Societies Rules. The order of attachment has been passed pursuant to the various certificates which are issued under section 101 of the Maharashtra Co-operative Societies Act for recovery of some dues against each of the petitioner. However, the certificates issued under section 101 of the Maharashtra Cooperative Societies Act have not been challenged. There is an alternate, efficacious remedy provided under section 154 of the Maharashtra Co-operative Societies Act, 1960, by way of revision before the Divisional Joint Registrar, Co- operative Societies. 2. In view of this, the instant Writ Petition is dismissed on the ground of an alternate, efficacious remedy being available to the petitioners to challenge certificate issued under Section 101 of the said Act. The Petitioners are at liberty to file application for condonation of delay and the same shall be considered by the Divisional Joint Registrar, Co-operative Societies, in accordance with law. So far as the deposit of amount is concerned, if any amount is already deposited by the petitioner, after issuance of certificate under Section 101, the same shall be taken into consideration for deposit under Section 154(2A) of the Act by the Revisional Authority. . [ R.K. DESHPANDE, J. ] SDM*8766.09WP(J)