-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.9067 of 2007 Jagdish Chimanrao Dighe ..Petitioner vs. 1. Mukund Coop.Housing society and others ..Respondents Shri Vishal Khanavkar with Shri Kedar Dighe for petitioner. Shri D.B.Patil for respondent no.1 Shri A.P.Wanarase, A.G.P. for respondent nos.2 and 3. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 29th February, 2008 29th February, 2008 29th February, 2008 P.C. P.C. P.C. 1. The revision application challenging the certificate under section 101 of the Maharashtra Cooperative Societies Act, 1960 has been rejected only on the ground that the same is time barred. That is why the petitioner is before me. 2. The petitioner had urged that the recovery certificate is dated 29th January, 2005. On 31st October, 2006 the order of attachment has been passed by the Special recovery officer. The petitioner has contended that when the notice from the Special Recovery Officer was served that he came to know of the recovery -2- certificate having been issued. That is on 23rd June, 2005. There is a delay of about 17 months in filing of the revision application. Since the case of the petitioner was that recovery certificate has been issued in his absence and the fact that moment he received the notice and attachment order he has approached the revisional authority was sufficient enough to condone the delay, in my opinion, subject however by imposing some reasonable costs. 3. That could have been done by the Divisional Joint Registrar but he has refused to do so on flimsy ground. The ground is that 50% of the dues under the recovery certificate has not been deposited. This is not the requirement for considering the application for condonation of delay. In such circumstances, the order under challenge is unsustainable and is quashed and set aside. The application for condonation of delay is allowed. Delay is condoned subject, however, the petitioner paying the costs quantified at Rs.1000/- to the Cooperative society in question. Upon payment of costs within two weeks from today and proof being produced in that behalf Divisional Joint Registrar to hear the revision application on -3- merits and in accordance with law. Parties to appear before Divisional Joint Registrar on 24th March, 2008. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)