1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.858 OF 2009 Mr Prakash Dattatraya Deshpande .. Petitioner Vs Deputy Registrar, Co- op.Societies and ors .. Respondents Mr. Tejas Dande, Advocate for the petitioner. Mr. M.A.Utaikar, Advocate for Respondent no.2. CORAM : D.B.BHOSALE, J. DATE : 09/10/2009 PC: 1. Heard learned counsel for the parties. Rule. By consent, rule made returnable forthwith. Mr Utaikar, learned counsel appearing for respondent no.2, waives service. The petition is taken up for hearing and final disposal at the admission stage itself. 2. By this writ petition, the petitioner has impugned the order dated 21.5.2009 passed by the Divisional Joint Registrar, Co-operative Societies, Pune Division, Pune, rejecting the petitioner’s application, being Misc Application No.20 of 2007,for condonation of delay in filing Revision Application. The Revision Application is directed against the recovery certificate. This court, while issuing notice, had directed the petitioner to deposit Rs.10,000/- with respondent no.2-Society. The petitioner T 2 has accordingly deposited the said amount with the respondent- society. Mr Dande, learned counsel for the petitioner, submits that the petitioner is also prepared to deposit the total amount of recoverable dues, as contemplated under section 154(2A) of the Maharashtra Co-operative Societies Act with the society within a period of six weeks from today. His statement is accepted. Having considered overall facts and circumstances of the case, I am satisfied that the following order shall meet the ends of justice. (i) The impugned order dated 21.5.2008 passed by the Divisional Joint Registrar is set aside. The application for condonation of delay is allowed. The Divisional Joint Registrar shall proceed to hear the Revision Application only after the petitioner deposits fifty percent amount of the total recoverable dues as contemplated under section 154(2A) with the society. If the petitioner fails to deposit the said amount, his revision shall stand dismissed for non prosecution automatically. It is made clear that the amount deposited by the petitioner in pursuance of the order passed by this Court be adjusted towards costs for allowing the application for condonation of delay. The writ petition is disposed of. (D. B. Bhosale, J.) 3