1 WP 4193.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4193 OF 2011 1. Bhagwat S/o Madhav Patil Age : 65 Yrs., Occ. Pensioner. 2. Sudam S/o Bhagwat Patil Age : 40 Yrs., Occ. Pensioner. Both R/o : Tapat Kathera, Tq. Bhusawal, Dist. : Jalgaon. .... PETITIONERS V E R S U S 1. The State of Maharashtra Through the Secretary for Co-operation Department, Mantralaya, Mumbai. 2. The Assistant Registrar Co-Operative Societies Bhusawal, Tq. Bhusawal, Dist. Jalgaon. 3. Sahakar Mitra Shri Chandrakant Badhe Sir Urban Co-operative Credit Society Ltd., At Varangaon, Tq. Bhusawal, Dist. Jalgaon Through its Manager. 4. Ganesh S/o Girdhar Zope Age : 40 Yrs., Occ. Nil., R/o : Vanjari Wada, Varangaon, Tq. Bhusawal, Dist. Jalgaon. .... RESPONDENTS 2 WP 4193.2011 - [ J ] Mr. A.D.Shinde, Advocate for the petitioner. Mr. R.P.Phatake, Asstt. Govt. Pleader for State. Mr. V.B.Patil, Advocate for Resp. No. 3. Mr. V.P.Patil, Advocate for Resp. No.4. CORAM : S.V.GANGAPURWALA, J. DATE OF JUDGMENT : 30/11/2011. ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing. 2. The petitioners impugn the recovery certificate issued by the Assistant Registrar U/s 101 of the Maharashtra Co-operative Societies Act [ For short, ‘ said Act ’ ]. The said certificate is issued in the year 2007. 3. Heard the learned counsel for the respective parties. 4. With the assistance of the learned counsel for the respective parties, I have perused the Roznama. Perusal of Roznama shows that on 4/8/2008, the proceedings were filed by respondent no. 3 – Society. On 8/8/2008, the notices were issued and the returnable date was given as 27/8/2008. On the said date, the petitioners appeared and on the very 3 WP 4193.2011 - [ J ] same day, the matter was closed for Judgment on the count that the petitioners admitted the loan in the name of the borrower and that too is written in the Roznama. No written pursis on behalf of the petitioner is on record nor any say is on record to that effect. 5. In normal course, this Court would have directed the petitioner to avail alternate remedy available U/s 154 of the said Act. However, taking into account the manner in which the proceedings were conducted, I am inclined to entertain the present Writ Petition. 6. Rules 86 – A to 86 – F of the Maharashtra Co-operative Societies Rules lay down the procedure in adjudicating the proceedings U/s 101 of the said Act. The perusal of Roznama shows the observance of said rules more in breach. On the date fixed for the appearance of the petitioners, the Assistant Registrar reserved the matter for Judgment. The Assistant Registrar should have at least call for the Say of the petitioners or application if they admit the liability. Nothing of this sort had taken place. It does not appear that the petitioners were supplied with the copies of the documents and no opportunity was given to file their Say. The recovery certificate has been issued. The petitioners are prosecuted by the respondent no. 3 – Society in the capacity of guarantors. In such circumstances, the petitioners are also required to be put to terms. 4 WP 4193.2011 - [ J ] 7. In the result, I pass the following order : The impugned recovery certificate is quashed and set aside on condition that the petitioners deposit with the Respondent no. 3 – Society an amount of Rs. 3,00,000/- [ Rupees Three Lacs only ] within the period of six ( 6 ) weeks from today i.e. 11/01/2012. If the said amount is deposited, then the Assistant Registrar shall decide the proceedings U/s 101 of the said Act afresh. The parties shall appear before the Assistant Registrar on 12/01/2012. The Assistant Registrar shall after giving opportunity and following the rules, decide the said proceedings expeditiously. The petitioners shall not, till the disposal of the proceedings U/s 101 of the said Act, alienate or dispose of their immovable properties. The deposit of Rs. 3,00,000/- [ Rupees Three Lacs only ] would be subject to the decision of the proceedings U/s 101 of the said Act. 8. Rule is accordingly made absolute in above terms. No costs. 9. In view of disposal of Writ Petition, the Civil Application is also disposed of. [ S.V. GANGAPURWALA,J. ] KNP/WP 4193.2011 - [ J ] 5 WP 4193.2011 - [ J ]