:1: :1: :1: FARAD CONTINUATION SHEET 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 PETITION NO. 958 OF 2008 WRIT PETITION NO. 959 OF 2008 WRIT PETITION NO. 964 OF 2008 WRIT PETITION NO. 966 OF 2008 WRIT PETITION NO. 972 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.S.K.Shinde with Mr.Sagar Kasar for the petitioners. Mr.Sameer Patil for respondent nos.1, 2 and 4 In W.P.958/2008, W.P.no.959/2008 and W.P.No.972/2008. Mr.Vijay Patil for respondent no.3 in all matters. Ms.P.S.Cardozo, for respondent nos.1, 2 and 4 in W.P.No.966/2008. Mr.R.M.Patne, for respondent nos.1, 2 and 4 in :2: :2: :2: W.P.No.964 of 2008. CORAM: S.C.DHARMADHIKARI, J. DATED: 27TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The petitioners are the original Opponents to a Revision Application filed by Respondent no.3, Sahakar Mitra Shri Chandrakant Hari Badhesar Urban Co-operative Credit Society before the Divisional Joint Registrar challenging the orders of the Deputy Registrar, Co-operative Society, Nashik refusing to grant the Certificate under Section 101. 2. The grievance of the petitioner is that the Deputy Registrar rightly refused to grant the Certificate as prayed because there are disputes pending between the petitioners and the Society in the Civil Court and the Co-operative Court. There are certain declarations and protective orders claimed therein. If the Deputy Registrar is allowed to :3: :3: :3: issue a Certificate of Recovery under Section 101, all such proceedings would be frustrated and rendered wholly infructuous. 3. After perusing the petition and the Annexures thereto, including the impugned order and considering the submissions of Mr.Shinde, appearing in each of these petitions, I see no merit in this apprehension. What the Divisional Joint Registrar has done, is not issuing the Certificate straight away in favour of the Respondent no.3-Society. He has remanded the matter to the Deputy Registrar. All that he has interfered with and set aside, is the observation and finding of the Deputy Registrar that pendency of proceedings between the parties is enough for him not to exercise his jurisdiction under Section 101. Section 101 opens with a non-obstante Clause and mere pendency of any dispute or civil suit would not be enough to prevent the Deputy Registrar from exercising that power, is an undisputed position. However, Mr.Shinde’s :4: :4: :4: apprehension is that while exercising that power the Deputy Registrar will accept the Statements of Accounts which are furnished to him by the Co-operative Society and ignore all pleas of the petitioners with regard to their liability. Once again, I see no basis for this apprehension, inasmuch as, when the matter goes before the Deputy Registrar, he is obliged to apply his mind to all aspects and even if the inquiry is summary in nature, the requisite satisfaction of the Deputy Registrar must be based upon the materials produced. When such a material is produced by the Society, naturally, the petitioners have an opportunity to rebut the same. If the entire amount is not due and payable, then the Deputy Registrar can make appropriate adjustments and deductions. If there is no basis for the claim he can refuse to grant the Certificate. However, he cannot refuse to undertake the inquiry, merely because some proceedings are pending. Therefore, it is not as if the petitioners are without any remedy. There is no reason to :5: :5: :5: interfere with the order of remand and after the above clarification, I have no doubt in my mind that the Deputy Registrar will give enough opportunity to the petitioners to substantiate their pleas. Keeping open all contentions of both sides in that behalf, the order of the Divisional Joint Registrar is upheld. Petitions are summarily dismissed. No costs. 4. Ad-interim order to stand vacated. sd/- ********