1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1963 OF 2008 Annasaheb Jadhav .. Petitioner Versus Divisional Jt.Registrar & Ors. .. Respondents WITH WRIT PETITION NO.1964 OF 2008 Nandkumar S. Jadhav .. Petitioner Versus Divisional Jt.Registrar & Ors. .. Respondents WITH WRIT PETITION NO.1996 OF 2008 Pooja A. Jadhav .. Petitioners Versus Divisional Jt.Registrar & Ors. .. Respondents Mr.S.S.Patwardhan for petitioners Mr.P.D.Dalvi for respondent No.3 Dr.V.K.Choudhary for respondent No.4 Ms.P.S.Cardozo, A.G.P. for State. CORAM : S.C.DHARMADHIKARI, J. DATE : 27th March 2008 P.C. 2 . These petitions are directed against the order of Divisional Joint Registrar setting aside the order of Assistant Registrar dated 28th September 2007 reversing the earlier order dated 8th June 2007 issuing recovery certificate in favour of society concerned. 2. The society challenged the order dated 28th September 2007 before the Divisional Joint Registrar who has allowed the revision application and set aside the order of 28th September 2007. Resultantly, the recovery certificate and the order in that behalf are restored. 3. After these matters were heard for some time, upon taking instructions from the petitioners who are present in Court, Mr.Patwardhan learned Counsel for petitioners makes a statement that without prejudice to the rights and contentions of all parties, the 3 petitioners would deposit a sum of Rs.8 lakhs towards the outstanding amount in these petitions, in this Court within twelve weeks from today. If the said amount is deposited, which deposit shall be without prejudice to the rights and conditions of both the sides, the matter shall go before the Assistant Registrar, Coop.Societies, who will consider society’s application for recovery and issuance of recovery certificate under section 101 afresh and without being influenced by earlier orders and directions. All contentions in that behalf are kept open. The Assistant Registrar to grant opportunity to petitioner to inspect the relevant documents and have photocopies of the same and thereafter to make submissions. In default of deposit the sum as aforesaid, petitions shall stand dismissed without further reference to the court. Thereupon the subject society would be at liberty to recover the outstanding amount in accordance with the recovery certificate, 4 including by resorting to coercive measures against the borrowers as well as guarantors. For a period of three months from today, no coercive measures shall be initiated by respondent No.3. All concerned to act on an authenticated copy of this order. (S.C.Dharmadhikari, J)