1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.5254 OF 2007 Sainik Sahakari Co-op. Bank, Satara Petitioner vs. Pundalikrao B. Ingale & anr. Respondents Mr.Amit Borkar for the petitioner. Mr.Sameer Tambekar for the respondent. CORAM : R.V. MORE,J. DATED : 21st July, 2008 P.C. Heard the learned counsel for the respective parties. 2. By the impugned order, the learned Civil Judge, S.D., Kolhapur rejected the petitioner’s applications filed at Exhibits "29" and "30" in Special Darkhast No.13/2007. The application at Exhibit 30 was filed under Section 151 of C.P.C. for impleading the petitioner-Bank in the aforesaid. The application at Exhibit "29" was filed for stay to the execution during the pendency of application at Exhibit 30. 3. Both the aforesaid applications came to be rejected by the impugned order on the ground that the same were not filed by the Recovery Officer of petitioner-Bank. 2 4. After hearing the learned counsel for the respective parties and having gone through the impugned order, I do not find any error or illegality in the impugned order. Under the provisions of Rule 107(7)(iii) of the Maharashtra Cooperative Societies Rules, 1961, the Recovery Officer is authorised to file appropriate proceeding before the Civil Court for the purposes of recovery of outstanding amount, under Section 101 certificate. Admittedly, the applications at Exhibits 29 and 30 are made by the petitioner-Bank. In that view of the matter, no interference is called for in the aforesaid petition. 5. The Recovery officer of petitioner no.1-Bank is, however, at liberty to file appropriate proceedings in Special Darkhast No.13/2007 preferred by respondent no.1 under the provisions of Rule 107 of the Maharashtra Cooperative Societies Rules, 1961. If such an application is made within a period of three weeks from today, in that case, the learned Civil Judge, S.D. Kolhapur shall dispose of the same as expeditiously as possible and in any event within a period three months thereafter. 6. During the pendency and final disposal of the petitioner’s aforesaid application and for two weeks 3 from the date of order in case the same is adverse to the interest of the petitioner, the executing Court shall not release the amount to which respondent no.1 is entitled pursuant to the Decree passed in Special Civil Suit No.775/1997. 7. With the above observation, the writ petition is disposed of. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]