:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1831 OF 2008 Shri Rajendra N. Kothawade ...Petitioner Versus The State of Maharashtra and Ors. ...Respondents ===== Mr.S.S.Kulkarni, Adv. for the petitioners. Mr.Prashant Naik, Adv. for respondents. CORAM; S.C.DHARMADHIKARI, J. DATED: 19TH MARCH, 2008 P.C. : 1. Mentioned. Not on Board. By consent, taken up forthwith and disposed off. 2. The petitioner is facing coercive proceedings because of his alleged non-compliance with a Recovery Certificate issued under Section 101 of the Maharashtra Co-operative Societies Act, 1960. 3. The matter was brought before this court and my attention was invited to the earlier orders. Pursuant :2: thereto, the petitioner approached the Divisional Joint Registrar, who has called upon him to comply with Section 154(2A) of the MCS Act, 1960 before the Revision Application can be considered. The petitioner has not complied with that order and once again he is apprehending coercive measures including sale of his shop premises. The petitioner carries on business as a Chemist and runs a Medical Shop in Nashik. He prays for time to deposit the sums and Mr.Kulkarni, after taking instructions from the petitioner, who is present in court, makes a statement that within 12 weeks from today, he will pay the sums as demanded (Rs.2,60,000). 4. Mr.Naik, appearing for the Respondent-Bank, on the other hand urges that the petitioner is postponing complying with the Recovery Certificate, inasmuch as, more than three years have lapsed from the date of issuance of Recovery Certificate and the petitioner does not pay the sums and approaches the court for additional time. This has been going on and should not now be encouraged. :3: 5. In my view, this submission of Mr.Naik is reasonable. The petitioner must comply with the provision as that requirement cannot be dispensed with. If the amount is to be deposited for the Revision Application to be considered on merits, he must comply with that direction. Ultimately, he will get all adjustments and the deposit would be without prejudice to his rights and contentions, on merits. 6. In the light of the averments in the petition and considering the submissions before me, final chance to comply with the requirement stipulated above, is granted. If the petitioner deposits the amounts as stipulated in the order dated 11.2.2008, within a period of 12 weeks from today, the Bank shall not proceed and dispose off the properties. In default, the Revision Application also stands dismissed, the Recovery Certificate becomes final and the Bank shall resort to all permissible modes for recovering the balance sums. No further extension will be granted under any circumstances. Writ Petition is disposed off in the above terms. Needless to state, that the petitioner can upon compliance :4: argue both the Revision Applications. 7. The petitioner is at liberty to urge before the Divisional Joint Registrar after compliance, that one time settlement proposal should also be considered. All contentions in that behalf are also kept open. sd/- **********