IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.5693 OF 2008 WRIT PETITION NO.5693 OF 2008 WRIT PETITION NO.5693 OF 2008. M/s Ashish Engineering and Fabricators Pvt Ltd ..Petitioner. V/s. Rupee Co-operative Bank Ltd & Ors ..Respondents. Mr S. S. Salunkhe, Advocate for the Petitioner. Mr K. V. Tembhe, Advocate for the Respondent Nos. 1 and 2. Mr A. H. Palekar, A.G.P. for Respondent Nos. 3 and 4. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. CORAM: V.C.DAGA, J. DATED: 02.09.2008. DATED: 02.09.2008. DATED: 02.09.2008. P.C.: P.C.: P.C.: ---- ---- ---- 1. Heard learned counsel or the Petitioner. 2. Perused the petition. 3. The prayer clause (a) of the petition is directed against the recovery certificate issued under section 101 of the Maharashtra Co-operative Societies Act, 1960 ( "the Act"for short) by an order dated 19.7.2008. The prayer clause (c) seeks injunction against the Recovery Officer not to attach property of the petitioner. Prayer clauses (d) and (e) are for interim relief. Prayer (b) is to issue writ of mandamus to Respondent No.1-bank to accept the amount as per the One Time Settlement between the parties. 4. Admittedly, one time settlement must have taken place much prior to the issuance of the recovery proceeding under Section 101 of the Act. It was open for the Petitioner to raise this defence before the said Revisional Authority. If he was not satisfied with the order dated 19.7.2008, it was open for the Petitioner to approach Revisional Authority and to set up challenge to the certificate issued under section 101 of the Act. So long as Section 101 of the Act, issued certificate is holding the field, it was open for the petitioner to invoke the revisional remedy available under the Act. 5. In the above view of the matter, this Court is not inclined to entertain this petition filed under Articles 226 and 227 of the Constitution of India. Petition, accordingly, stands dismissed for the reasons recorded. 6. Needless to mention that the amount of Rs. 36,000 deposited by the petitioner with the bank shall stand adjusted against the recovery of the bank. (V.C.DAGA, J.) (V.C.DAGA, J.) (V.C.DAGA, J.)