ssm sm sm 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 JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1223 OF 2008 PETITION NO.1223 OF 2008 PETITION NO.1223 OF 2008 Kohinoor Co-operative Hsg.Soc.Ltd. ...Petitioner Vs. Anil Vasudev Patankar & Ors. ...Respondents. Mr.Rajesh Datar for the Petitioner. Mr.Sandesh Patil for Respondent No.1. Mrs.Bhende, AGP for Respondent Nos. 2 and 3. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 24th July, 2008 : 24th July, 2008 : 24th July, 2008. P.C. P.C. P.C. . The Petition arises out of the proceeding under Section 101 of the Co-operative Societies Act-1960. The Petitioner is a Co-operative Housing Society. Initially the Certificate was granted in its favour for an amount of Rs.87,000/- towards the repairing charges. However, at the instance of Respondent No.1, certificate Under Section 101 was set aside by the learned Joint Registrar in a revision. The 101 certificate was set aside mainly on the ground that the Petitioner society did not supply the statement of the account of repairs. This Court on 08/04/2008 directed the Respondent No.1 to deposit an amount of ( 2 ) Rs.9,000/-. The Respondent No.1 accordingly has deposited the said amount in this Court on 11/04/2008. This Court also directed the Petitioner’s counsel to place on record the accounts. The petitioner has already placed on record the statement of accounts of repairs. The copies are given to Respondent No.1. There is no dispute that the Respondent No.1 has paid an amount of Rs.73,000/- to the Petitioner towards arrears of the repairs. According to the Petitioner the Respondent No.1 is still in arrears of repair charges to the tune of Rs.9200/-. 2. The learned counsel appearing for the Respondent No.1 makes a statement that he has no objection if the amount of Rs.9,000/- deposited on 11/04/2008 is adjusted towards arrears of repair charges and allowed to be withdrawn by the Petitioner society. Mr. Datar, learned counsel appearing for the Petitioner after taking instruction from the Secretary of the Society and makes a statement that above said amount of Rs.9,000/- will be adjusted towards full and final settlement of claim under 101 certificate in question. In that view of the matter, I dispose of the petition by passing the following order. ( 3 ) O R D E R R D E R R D E R 1. The Petitioner is allowed to withdraw the amount of Rs.9,000/- deposited by the Respondent No.1 in this Court on 11/04/2008. The withdrawal shall be construed as full and final settlement of the Petitioner’s claim to the arrears of the repairs from the Respondent No.1 which was subject matter of the Certificate under Section 101 of the Co-operative Societies Act-1960. 2. The Writ Petition is disposed of in above terms with no order as to costs. ( R. V. MORE, J.) R. V. MORE, J.) R. V. MORE, J.)