1 (WPs 69, 70, 76 of 2011) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 69 OF 2011 WITH WRIT PETITION NO. 70 OF 2011 WITH WRIT PETITION NO. 76 OF 2011 Vishal Harichand Khanna & Ors. ...Petitioners Vs. The State of Maharashtra and Ors. ...Respondents ----- Mr.G.S. Hegade i/b. Mr. D.W. Bhosale for the Petitioners Mr.S.N. Bhosale -AGP for Respondent Nos.1 to 3 Mr.Birendra Saraf a/w. Mr. Mahesh Patil a/w Ms.Meenakshi Mheponkar and MR. Nikhil Rajani i/b. M/s. V.Deshpande & Co. for Respondent No.4 ----- CORAM: V.M. KANADE J. DATED: 18TH JANUARY, 2011 P.C. 1. The Petitioner is aggrieved by the order passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai. By the said order, the Divisional Joint Registrar was pleased to allow the revision application filed by the Petitioner herein and he 2 (WPs 69, 70, 76 of 2011) remanded the matter back to the Assistant Registrar- Respondent No.3 herein. The grievance of the Petitioner is that in the operative part of the order, in paragraph 2, the Division Joint Registrar has directed that the Assistant Registrar to issue necessary recovery certificates after following the due process of law. The apprehension of the Petitioner is that this may be construed by the Assistant Registrar as a direction to issue the recovery certificate under section 101 of the Co-operative Societies Act. 2. In my view, the said apprehension is misconstrued. However, it would be appropriate if the said order is clarified. The Assistant Registrar, therefore, is directed to decide the application under section 101 on merits and in accordance with law as per the procedure laid down under the Co-operative Societies Act. 3 (WPs 69, 70, 76 of 2011) 3. Shri Saraf, the learned counsel appearing on behalf of the Society submits that they shall supply the copies of the documents on which reliance was placed by them. If an application is made by the Petitioner seeking documents under the Rule 86 D, appropriate orders may be passed by the Assistant Registrar. 4. The Writ Petitions are disposed of in the aforesaid terms. All the contentions raised by both the parties are kept open. Both the parties are entitled to file an additional documents, if necessary. (V.M. KANADE J.)