1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3015 OF 2009 AND WRIT PETITION NO.3019 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. U.B.Nighot, for the petitioners. Mr.A.I.Patel, AGP, for respondent nos 3 and 4. Mr Pratap Patil, for respondent no.1. CORAM : D.B.BHOSALE, J. DATE : 01/09/2009 PC: Heard learned counsel for the parties. The petitioners, in these writ petitions, have challenged the recovery certificate issued under section 101 of the Maharashtra Co-operative Societies Act,1960, directly in this court, though there is a remedy of revision available under section 154 of the Act. Under section 154 (2A), for challenging the recovery certificate one requires to T 2 deposit fifty percent of the recoverable dues. Mr. Nighot, learned counsel for the petitioners, submits that while issuing the recovery certificate, the principles of natural justice were not followed and in view thereof, the petitioners have every right to approach this court directly under Articles 226 and 227 of the Constitution of India. Mr Patil, learned counsel for respondent no.1-society, submitted that if the petitioners want this court, in its writ jurisdiction, to examine the merits of the case, the petitioners, in order to show their bonafides, be directed to deposit 50 % of the recoverable dues. He submitted that the petitioners have approached this court only with a view to avoid deposit of the amount under section 154(2A) of the code. Having considered the submissions of learned counsel for the parties and the provisions contained in section 154 (2A) of the Act, the petitioners are directed to deposit fifty percent of the 3 recoverable dues in this court within a period of six weeks from today, failing which these petitions shall stand dismissed for non prosecution without reference to the court. Stand over to 13.10.2009. (D.B.BHOSALE, J.) 4