1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1008 OF 2009 1. Gopal Omkarlal Agrawal, Age 58 years, Occ. Nil, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. 2. Namit Gopal Agrawal, Age 33 years, Occ. Business, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. 3. Sau. Geetabai Gopal Agrawal, Age 54 years, Occ. Business, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. ... PETITIONERS VERSUS 1. The Jalgaon Consumer’s Product Vitarak Urban Co-op. Credit Society Ltd., Jalgaon, 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 2. Sandeep s/o Ramesh Jagtap, Manager of the respondent No.1 Society R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 3. R.B. Yadav, Special Recovery Officer for Respondent No.1 Society R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 4. Rajiv s/o Hariom Agrawal, Chairman of the Respondent No.1 Society 2 R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 5. Shri Amrutraj s/o Dalichand Parekh, Vice Chairman of Respondent No.1 Society R/o Amrit Enterprises, 121, Ground Floor, Old B.J. Market, At Post Jalgaon, Taluka and District Jalgaon. 6. Sunil s/o Digambar Kapote, Director of the Respondent No.1 Society, R/o C/o Nilanjali Urban Co-operative Credit Society, Baliram Peth, At Post Jalgaon, Taluka and District Jalgaon. 7. Nitin s/o Balmukund Laddha, Director of the Respondent No.1 Society, R/o Opp. Anandibai Balak Mandir, Behind Sewashram Lodge, Navi Peth, At Post Jalgaon, Taluka and District Jalgaon. 8. Rajesh s/o Kamlakar Yawalkar, Director of the Respondent No.1 Society, R/o Opp. Tahasil Kacheri, Baliram Peth, At Post Jalgaon, Taluka and District Jalgaon. 9. Balkishan s/o Puranchand Agrawal, Director of the Respondent No.1 Society, R/o “Shree Prasad”, 43, Navi Peth, At Post Jalgaon, Taluka and District Jalgaon. 10. Pradip s/o Manohar Safale, Director of the Respondent No.1 Society, R/o Navbharat Colony, Behind Scout Guide Office, Opp. I.M.R. College, At & Post Jalgaon, Taluka and District Jalgaon. 3 11. Mukesh s/o Mohanlal Ahuja, Director of the Respondent No.1 Society, R/o Vishal Agencies, Shop No.127, 1st Floor, Central Fule Market, At & Post Jalgaon, Taluka and District Jalgaon. 12. Baliram s/o Ukhardu Rathod, Director of the Respondent No.1 Society, R/o Suyog Colony, Opp. Girna Taki, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 13. Sau. Manisha Srikant Wani, Director of the Respondent No.1 Society, R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 14. Sau. Kantadevi Hariom Agrawal, Director of the Respondent No.1 Society, R/o C/o Sawariya Trading Company, 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 15. Vasant s/o Vishnu Bankar, Director of the Respondent No.1 Society, R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 16. Dr. Vaibhav P. Sarode, Director of the Respondent No.1 Society, R/o 60, 128, B.J. Market, Ground Floor, Jalgaon, Taluka and District Jalgaon. 17. Deepak s/o Narayanji Soni, Director of the Respondent No.1 Society, R/o 216, Navi Peth, Jalgaon, At Post Jalgaon, Taluka and 4 District Jalgaon. 18. Sitaram s/o Hariom Kandoi, Director of the Respondent No.1 Society, R/o 18, Polan Peth, Jalgaon, At & Post, Jalgaon, Taluka and District Jalgaon. 19. Sachin Manmohan Bharuka, Director of the Respondent No.1 Society, R/o Plot No.10, Akshy Niwas, Behind Vasant Dal Mill, Adarsh Nagar, At & Post Jalgaon, Taluka and District Jalgaon. ... RESPONDENTS ..... Shri R.L. Kute, Advocate holding for Shri A.S. Zarekar, Advocate for the petitioners Shri A.D. Shinde, Advocate holding for Shri V.B.Anjanwatikar, Advocate for respondent No.1. ..... W I T H WRIT PETITION NO.1009 OF 2009 1. Sau. Geetabai Gopal Agrawal, Age 54 years, Occ. Household, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. 2. Rishabh Gopal Agrawal, Age 30 years, Occ. Nil, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. 3. Gopal Omkarlal Agrawal, Age 58 years, Occ. Nil, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. ... PETITIONERS VERSUS 5 1. The Jalgaon Consumer’s Product Vitarak Urban Co-op. Credit Society Ltd., Jalgaon, 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 2. Sandeep s/o Ramesh Jagtap, Manager of the respondent No.1 Society R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 3. R.B. Yadav, Special Recovery Officer for Respondent No.1 Society R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 4. Rajiv s/o Hariom Agrawal, Chairman of the Respondent No.1 Society R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 5. Shri Amrutraj s/o Dalichand Parekh, Vice Chairman of Respondent No.1 Society R/o Amrit Enterprises, 121, Ground Floor, Old B.J. Market, At Post Jalgaon, Taluka and District Jalgaon. 6. Sunil s/o Digambar Kapote, Director of the Respondent No.1 Society, R/o C/o Nilanjali Urban Co-operative Credit Society, Baliram Peth, At Post Jalgaon, Taluka and District Jalgaon. 7. Nitin s/o Balmukund Laddha, Director of the Respondent No.1 Society, R/o Opp. Anandibai Balak Mandir, Behind Sewashram Lodge, 6 Navi Peth, At Post Jalgaon, Taluka and District Jalgaon. 8. Rajesh s/o Kamlakar Yawalkar, Director of the Respondent No.1 Society, R/o Opp. Tahasil Kacheri, Baliram Peth, At Post Jalgaon, Taluka and District Jalgaon. 9. Balkishan s/o Puranchand Agrawal, Director of the Respondent No.1 Society, R/o “Shree Prasad”, 43, Navi Peth, At Post Jalgaon, Taluka and District Jalgaon. 10. Pradip s/o Manohar Safale, Director of the Respondent No.1 Society, R/o Navbharat Colony, Behind Scout Guide Office, Opp. I.M.R. College, At & Post Jalgaon, Taluka and District Jalgaon. 11. Mukesh s/o Mohanlal Ahuja, Director of the Respondent No.1 Society, R/o Vishal Agencies, Shop No.127, 1st Floor, Central Fule Market, At & Post Jalgaon, Taluka and District Jalgaon. 12. Baliram s/o Ukhardu Rathod, Director of the Respondent No.1 Society, R/o Suyog Colony, Opp. Girna Taki, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 13. Sau. Manisha Srikant Wani, Director of the Respondent No.1 Society, R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 14. Sau. Kantadevi Hariom Agrawal, Director of the 7 Respondent No.1 Society, R/o C/o Sawariya Trading Company, 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 15. Vasant s/o Vishnu Bankar, Director of the Respondent No.1 Society, R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 16. Dr. Vaibhav P. Sarode, Director of the Respondent No.1 Society, R/o 60, 128, B.J. Market, Ground Floor, Jalgaon, Taluka and District Jalgaon. 17. Deepak s/o Narayanji Soni, Director of the Respondent No.1 Society, R/o 216, Navi Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 18. Sitaram s/o Hariom Kandoi, Director of the Respondent No.1 Society, R/o 18, Polan Peth, Jalgaon, At & Post, Jalgaon, Taluka and District Jalgaon. 19. Sachin Manmohan Bharuka, Director of the Respondent No.1 Society, R/o Plot No.10, Akshy Niwas, Behind Vasant Dal Mill, Adarsh Nagar, At & Post Jalgaon, Taluka and District Jalgaon. ... RESPONDENTS ..... Shri R.L. Kute, Advocate holding for Shri A.S. Zarekar, Advocate for the petitioners Shri A.D. Shinde, Advocate holding for Shri V.B.Anjanwatikar, Advocate for respondent No.1. ..... 8 W I T H WRIT PETITION NO.1010 OF 2009 1. Namit Gopal Agrawal, Age 33 years, Occ. Business, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. 2. Rishabh Gopal Agrawal, Age 30 years, Occ. Business, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. 3. Gopal Omkarlal Agrawal, Age 58 years, Occ. Nil, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. ... PETITIONERS VERSUS 1. The Jalgaon Consumer’s Product Vitarak Urban Co-op. Credit Society Ltd., Jalgaon, 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 2. Sandeep s/o Ramesh Jagtap, Manager of the respondent No.1 Society R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 3. R.B. Yadav, Special Recovery Officer for Respondent No.1 Society R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 4. Rajiv s/o Hariom Agrawal, Chairman of the Respondent No.1 Society 9 R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 5. Shri Amrutraj s/o Dalichand Parekh, Vice Chairman of Respondent No.1 Society R/o Amrit Enterprises, 121, Ground Floor, Old B.J. Market, At Post Jalgaon, Taluka and District Jalgaon. 6. Sunil s/o Digambar Kapote, Director of the Respondent No.1 Society, R/o C/o Nilanjali Urban Co-operative Credit Society, Baliram Peth, At Post Jalgaon, Taluka and District Jalgaon. 7. Nitin s/o Balmukund Laddha, Director of the Respondent No.1 Society, R/o Opp. Anandibai Balak Mandir, Behind Sewashram Lodge, Navi Peth, At Post Jalgaon, Taluka and District Jalgaon. 8. Rajesh s/o Kamlakar Yawalkar, Director of the Respondent No.1 Society, R/o Opp. Tahasil Kacheri, Baliram Peth, At Post Jalgaon, Taluka and District Jalgaon. 9. Balkishan s/o Puranchand Agrawal, Director of the Respondent No.1 Society, R/o “Shree Prasad”, 43, Navi Peth, At Post Jalgaon, Taluka and District Jalgaon. 10. Pradip s/o Manohar Safale, Director of the Respondent No.1 Society, R/o Navbharat Colony Behind Scout Guide Office, Opp. I.M.R. College, At & Post Jalgaon, Taluka and District Jalgaon. 10 11. Mukesh s/o Mohanlal Ahuja, Director of the Respondent No.1 Society, R/o Vishal Agencies, Shop No.127, 1st Floor, Central Fule Market, At & Post Jalgaon, Taluka and District Jalgaon. 12. Baliram s/o Ukhardu Rathod, Director of the Respondent No.1 Society, R/o Suyog Colony, Opp. Girna Taki, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 13. Sau. Manisha Srikant Wani, Director of the Respondent No.1 Society, R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 14. Sau. Kantadevi Hariom Agrawal, Director of the Respondent No.1 Society, R/o C/o Sawariya Trading Company, 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 15. Vasant s/o Vishnu Bankar, Director of the Respondent No.1 Society, R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 16. Dr. Vaibhav P. Sarode, Director of the Respondent No.1 Society, R/o 60, 128, B.J. Market, Ground Floor, Jalgaon, Taluka and District Jalgaon. 17. Deepak s/o Narayanji Soni, Director of the Respondent No.1 Society, R/o 216, Navi Peth, Jalgaon, At Post Jalgaon, Taluka and 11 District Jalgaon. 18. Sitaram s/o Hariom Kandoi, Director of the Respondent No.1 Society, R/o 18, Polan Peth, Jalgaon, At & Post, Jalgaon, Taluka and District Jalgaon. 19. Sachin Manmohan Bharuka, Director of the Respondent No.1 Society, R/o Plot No.10, Akshy Niwas, Behind Vasant Dal Mill, Adarsh Nagar, At & Post Jalgaon, Taluka and District Jalgaon. ... RESPONDENTS ..... Shri R.L. Kute, Advocate holding for Shri A.S. Zarekar, Advocate for the petitioners Shri A.D. Shinde, Advocate holding for Shri V.B.Anjanwatikar, Advocate for respondent No.1. ..... W I T H WRIT PETITION NO.1011 OF 2009 1. Rishabh Gopal Agrawal, Age 30 years, Occ. Nil, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. 2. Namit Gopal Agrawal, Age 33 years, Occ. Nil, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. 3. Sau. Geetabai Gopal Agrawal, Age 54 years, Occ. Household, R/o Old State Bank Colony, Jalgaon, Taluka and District Jalgaon. ... PETITIONERS VERSUS 12 1. The Jalgaon Consumer’s Product Vitarak Urban Co-op. Credit Society Ltd., Jalgaon, 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 2. Sandeep s/o Ramesh Jagtap, Manager of the respondent No.1 Society R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 3. R.B. Yadav, Special Recovery Officer for Respondent No.1 Society R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 4. Rajiv s/o Hariom Agrawal, Chairman of the Respondent No.1 Society R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 5. Shri Amrutraj s/o Dalichand Parekh, Vice Chairman of Respondent No.1 Society R/o Amrit Enterprises, 121, Ground Floor, Old B.J. Market, At Post Jalgaon, Taluka and District Jalgaon. 6. Sunil s/o Digambar Kapote, Director of the Respondent No.1 Society, R/o C/o Nilanjali Urban Co-operative Credit Society, Baliram Peth, At Post Jalgaon, Taluka and District Jalgaon. 7. Nitin s/o Balmukund Laddha, Director of the Respondent No.1 Society, R/o Opp. Anandibai Balak Mandir, Behind Sewashram Lodge, 13 Navi Peth, At Post Jalgaon, Taluka and District Jalgaon. 8. Rajesh s/o Kamlakar Yawalkar, Director of the Respondent No.1 Society, R/o Opp. Tahasil Kacheri, Baliram Peth, At Post Jalgaon, Taluka and District Jalgaon. 9. Balkishan s/o Puranchand Agrawal, Director of the Respondent No.1 Society, R/o “Shree Prasad”, 43, Navi Peth, At Post Jalgaon, Taluka and District Jalgaon. 10. Pradip s/o Manohar Safale, Director of the Respondent No.1 Society, R/o Navbharat Colony, Behind Scout Guide Office, Opp. I.M.R. College, At & Post Jalgaon, Taluka and District Jalgaon. 11. Mukesh s/o Mohanlal Ahuja, Director of the Respondent No.1 Society, R/o Vishal Agencies, Shop No.127, 1st Floor, Central Fule Market, At & Post Jalgaon, Taluka and District Jalgaon. 12. Baliram s/o Ukhardu Rathod, Director of the Respondent No.1 Society, R/o Suyog Colony, Opp. Girna Taki, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 13. Sau. Manisha Srikant Wani, Director of the Respondent No.1 Society, R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 14. Sau. Kantadevi Hariom Agrawal, Director of the 14 Respondent No.1 Society, R/o C/o Sawariya Trading Company, 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 15. Vasant s/o Vishnu Bankar, Director of the Respondent No.1 Society, R/o 186, Polan Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 16. Dr. Vaibhav P. Sarode, Director of the Respondent No.1 Society, R/o 60, 128, B.J. Market, Ground Floor, Jalgaon, Taluka and District Jalgaon. 17. Deepak s/o Narayanji Soni, Director of the Respondent No.1 Society, R/o 216, Navi Peth, Jalgaon, At Post Jalgaon, Taluka and District Jalgaon. 18. Sitaram s/o Hariom Kandoi, Director of the Respondent No.1 Society, R/o 18, Polan Peth, Jalgaon, At & Post, Jalgaon, Taluka and District Jalgaon. 19. Sachin Manmohan Bharuka, Director of the Respondent No.1 Society, R/o Plot No.10, Akshy Niwas, Behind Vasant Dal Mill, Adarsh Nagar, At & Post Jalgaon, Taluka and District Jalgaon. ... RESPONDENTS ..... Shri R.L. Kute, Advocate holding for Shri A.S. Zarekar, Advocate for the petitioners Shri A.D. Shinde, Advocate holding for Shri V.B.Anjanwatikar, Advocate for respondent No.1. ..... 15 CORAM : K.U. CHANDIWAL, J. DATE : 27th October, 2010 ORAL JUDGMENT : 1. Heard learned counsel extensively. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, taken up for final hearing at admission stage. 2. All these four writ petitions revolve to the identical question of fact and law and, therefore, heard together and common judgment is recorded. 3. The petitioners question legality of order dated 30.1.2009, recorded by 2nd Joint Civil Judge, Junior Division, Jalgaon in respective Regular Civil Suits, thereby the learned Judge has held that Civil Suit is not maintainable before it for want of jurisdiction and closed the proceedings. 4. The petitioners claim, indeed they had secured certain loan from the Credit Cooperative Society (respondent No. 1) in the year 2000. The loans were discharged on 2.2.2001. Nothing was due against them. The petitioners were clamped with notice in terms of Section 101 of the Maharashtra 16 Cooperative Societies Act (M.C.S. Act for short). Consequent upon such notices, they sought documentation from the authorities. The documents were not supplied and later, the petitioners learnt that issuance of certificate (in one of the case Certificate No.874/2006, dated 8.5.2006) was illegal. The petitioners filed revision on 31.7.2006, applied for exemption, which was rejected. 5. On 15.1.2009, Regular Civil Suit No.12/2009 was moved by the plaintiff. The principal prayers therein are as under : A) This Hon’ble Court be pleased to grant decree of declaration that the alleged loan Recovery Certificate 874/2006 dated 8.5.2006 issued by the Registrar of Co-operative Societies Jalgaon against the plaintiff No.1 to 3 is hereby declared that it is being forged and false and not binding on plaintiff No.1 to 3. B) This Hon’ble Court be pleased to grant decree of declaration that the alleged loan Recovery Certificate 874/2006 dated 8.5.2006 is issued on the strength of false and forged documents prepared by the defendants with intent to produce them in Recovery Certificate Proceeding No.874/2006 for satisfying the Registrar of Co-operative Societies towards issue of such illegal recovery certificate No.874/2006 as U/s – 101 of the M.C.S. Act of 1960 is thus hereby declared that these documents and certificate being the false and forged and illegal, not binding on the plaintiff No.1 to 3 for want of signature of the officers of defendant No.1. C) This Hon’ble Court be pleased to grant decree of declaration that due to Public Notice dated 12.12.2008 the plaintiff No.1 to 3 are entitled to 17 get declaration of Rs.35,00,000/- towards damages caused to them by the act of defendant No.1 and 2 and 4 to 19 on account of harassment – mental torture – agony and for putting their ancestral and joint family property in to auction of unavailed forged - false- illegal loan claim and it is hereby declare that the plaintiff No.1 to 3 are accordingly entitled for the damages of Rs.35,00,000/- from defendant No.1 to 19. D) This Hon’ble Court be pleased to grant decree of permanent injunction that defendant No.1 to 3 are hereby restrained and refrained from acting on Recovery Certificate No.874/2006 dated 8.5.2006 and also they are restrained and refrained from enforcing such recovery certificate for carrying out public auction fixed on 16.1.2009 at 9.30 a.m. in respect of ancestral and joint family property of plaintiffs by the order of this Hon’ble Court permanent injunction against defendant No.1 to 3.” 6. The respondent No.1 (Credit Society) questioned maintenance of the suit by filing an application under Section 9-A and Order 7 Rule 11 of the Civil Procedure Code, pointed that Civil Court has no jurisdiction to try and dispose of the suit in terms of Section 163(3) of the M.C.S. Act and for want of statutory notice under Section 164 thereof. 7. The grievance of petitioners (plaintiffs) though they had availed the loan from the respondent in the year 2000, their blank documents were again used by the respondent and the liability is shown against the petitioners/ plaintiffs in 2003 and based on such forged and fabricated documents, certain 18 recovery certificate No.874/2006 dated 4.3.2006 came to be decided by the Registrar of Cooperative Societies without there being any written statement from the plaintiffs, and consequently, the recovery of Rs.5,85,487/- in one of the case is basically void-ab-initio, as prescribed procedure under Chapter VIII-A of the M.C.S. Act is not adhered to. 8. Respondent No.1 informs, since the payment was defaulted, consequently, in terms of Section 101 of the M.C.S. Act, recovery certificate against the plaintiffs was obtained from Taluka Deputy Registrar, Cooperative Societies, Jalgaon, dated 8.5.2006. Consequent thereto, the recovery officer has scheduled the auction of property by using powers under Rule 107 of the M.C.S. Rules 1961. The property was put on auction on 16.1.2009. 9. Petitioners repeatedly submit that the documents and its script being forged, there was no option and alternative remedy for the petitioners except by filing civil suit, as they could not agitate grievance before the learned Registrar under Cooperative Societies Act. It is pointed that the dispute in terms of Section 91 of the M.C.S. Act could not be exercised being specifically barred by dictum of several pronouncements. One of such judgment is in the matter of Vijay Shamrao Bhokre and others Vs. Shri Mumbadevi Jilla Nagari Sahakari Pat Sanstha 19 Maryadit, Kopargaon and others (2010 (4) Mh.L.J. 381). 10. The chequered history of events is projected from both the sides. However, to put it in condensed form, especially for present controversy is, the certificate, subject of challenge in the civil suit in terms of above referred prayers, was also tested in revision under Section 154 by the petitioners and lost. The Writ Petitions were moved, one of Writ Petition being Writ Petition No.486/2010, and in the group of said Writ Petitions, by order dated 5.5.2010, the learned Judge of the Court did not accede to the urge of the petitioners and rejected/ dismissed the Writ Petition with Civil Applications. A liberty was given to apply to revisional authorities for any kind of interim relief. Another round of litigation was initiated by filing Writ Petition Nos.8173/2010, 7901/2010, 2898/2010, which was questioning the auction proceedings arising out of the said certificates. The order in the said Writ Petitions are questioned by the purchasers in Letters Patent Appeal No.266/2010, which is pending. However, there is no interim protection in favour of the petitioners. 11. The dates of issuance of certificate, moving the revisional Court, orders of the writ are illustrated hereinabove. The petitioners appeared before the Registrar of Cooperative Societies, Jalgaon, pursuant to the notices issued on 30.3.2006 through their Advocate. They moved application for demanding 20 the documents from respondents in the writ. Since the petitioners came with a case that they have satisfied the loan on 2.2.2000, however, they did not make any whisper of these arrangement in their application before the enquiry officer. Having clamped with the recovery certificate on 8.5.2006, the petitioners did not challenge the said in revision in terms of Section 154 of the M.C.S. Act in time and civil suit, as stated above, is filed on 15.1.2009. 12. The objection to the jurisdiction of Civil Court indeed touch to the root of the matter as it relates to the lack of jurisdiction of the Civil Court to entertain the proceedings. The provisions of Section 101(3) of the M.C.S. Act illustrate that the certificate granted by the Registrar under subsections (1) and (2) shall be recoverable according to law for the time being in force for recovery of land revenue. Since primarily the certificate referred above has reached a finality, based on so called theory of fabricated or forged document, they could not have been accelerated twice and questioned by way of Civil Suit as the plaintiffs have done. To revert back, the plaintiffs have even taken recourse, in Section 154 of the M.C.S. Act and also before this Court in writ referred above. The action sought in the said civil proceedings, with the above survey of facts, was touching the business of Society, the respondent No.1, in the writ and could not have been entertained by Civil Court. The legal 21 obstacle referred above has barred jurisdiction of Civil Court to entertain the matter. The learned Judge evaluated the legal position and consequently, allowed the application of the respondent for want of jurisdiction. The order does not call for any interference. 13. The writ jurisdiction, which is invoked, has to be sparingly used. Law is clearly indicated in the latest judgment in the matter of State of Haryana & Ors. Vs. Manoj Kumar (2010) 4 SCC 350. The Apex Court has observed that, the jurisdiction conferred under Article 227 is not by any means appellate in its nature for correcting errors in the decisions of subordinate courts or tribunals but is merely a power of superintendence to be used to keep them within the bounds of their authority. 14. The legal position was also illustrated in the matter of Manojkumar giving reference to the judgment of Laxmikant Revchand Bhojwani & Another Vs. Pratapsing Mohansingh Pardeshi (1995) 6 SCC 576. 15. In a judgment reported in 2010 ALL SCR 1681 (Shalini Shyam Shetty & Anr. Vs. Rajendra Shankar Patil), the Apex Court, by referring to judgment in the matter of Waryam Singh Vs. Amarnath, (AIR 1954 SC 215) has observed about limitations in exercise of powers in terms of Article 227 of the 22 Constitution of India. The Apex Court has also observed in paragraph No.27 as under : "27. From a perusal of paragraph 4 of Jhaman (supra) it is clear that to a proceeding under Article 227 of the Constitution of India only the appellate side rules of the High Court apply. But to a proceeding under Article 226, either the original side or the appellate side rules, depending on the situs of the cause of action, will apply. 16. Mr. Kute, learned counsel for the petitioners urged, the set of forged documents is subject of certificate, could not have been tested before the competent forum of the