1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 404 OF 2010 M/s. Puran Maharashtra Automobiles Shahagunj, Aurangabad and others ....Petitioners. Versus The State of Maharashtra & others ....Respondents. Shri. R.T. Nagargoje, Advocate for the petitioner. Shri. V.B. Ghatge, A.G.P. for State. Shri. S.V. Natu, Advocate for respondent No. 4. CORAM : R.M. BORDE, J. DATE : 8th April, 2010 PER COURT : 1. The order passed by the Divisional Joint Registrar, Co­operative Societies, Aurangabad, remitting the matter back for reconsideration to the Assistant Registrar, Co­operative Societies, Aurangabad is the subject matter of challenge in this writ petition. 2. The petitioners herein availed facility of overdraft from the respondent Bank. The permissible limit sanctioned was up to Rs. one 2 crore fifty lacs. According to the Bank, the petitioners have defaulted in making payment and as such, the application was tendered with the Assistant Registrar for grant of certificate as contemplated under section 101 of Maharashtra Co­operative Societies Act in respect of recovery of amount. After considering rival contentions raised by the parties, the Assistant Registrar rejected the application and an appeal came to be preferred to the Divisional Joint Registrar, Co­operative Societies, Aurangabad raising exception to the order passed by the Assistant Registrar by the Bank. The revisional authority allowed the appeal and remitted the matter back for reconsideration to the Assistant Registrar. 3. Perused both the orders passed by the authorities below and heard the arguments advanced by the respective counsel appearing for the parties. 4. It is contended by the petitioners that the Assistant Registrar refused to consider the application on two grounds namely that there is no evidence placed on record to show that the petitioners herein are admitted as members of society and secondly, there is difference in computation of recoverable amount. It is stated that there are discrepancies in mentioning the interest amount in the document which leads to difference of about 14 lacs in the final amount recoverable by the Bank as mentioned in the application. Both the objections were taken into account by the Divisional Joint Registrar and it was observed 3 that so far as the membership of the society is concerned, required documents are placed on record and so far as difference in amount of interest and the amount recoverable as claimed by the respondent Bank is concerned, the revisional authority observed that the difference amount of Rs. 14 lacs is towards penal interest. For consideration of all the relevant aspects, matter is remitted to Assistant Registrar, it is not necessary to cause interference in the extraordinary jurisdiction of this Court under Article 227 of the Constitution of India. 5. A grievance is made that although in the application tendered before the Assistant Registrar in the year 2008 a certificate was sought for lesser amount, the Bank authorities have sought for amendment and are requesting for excess amount together with interest until December 2009 and according to the petitioners, it is not permissible to Assistant Registrar to grant such relief. This aspect also is required to be dealt with by the Assistant Registrar on consideration of relevant material and after hearing parties. No interference is required to be caused in the petition. The petition stands rejected. [ R.M. BORDE, J. ] ssc/wp404.10