ssp 1 WP 1247 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1247 OF 2011 Narayan Shrawan Rangari .....Petitioner versus Nag Co-operative Housing Society Ltd. & Ors. ..... Respondents WITH WRIT PETITION NO.1248 OF 2011 Dr.Madhukar Shiwshankar Gajbhiye .....Petitioner versus Nag Co-operative Housing Society Ltd. & Ors. ..... Respondents WITH WRIT PETITION NO.1249 OF 2011 Krishnarao Januji Sawdekar .....Petitioner versus Nag Co-operative Housing Society Ltd. & Ors. ..... Respondents Mr.M.R.Phal & Ms. Sunita Sonawane, for the petitioners. Mr.V.D.Patil, for the respondent No.1. Mr.Milind More, AGP, for the respondent. CORAM: P.B.MAJMUDAR & R.M.SAVANT, JJ. DATE: 30 th AUGUST, 2011 P.C. 1. In all these above petitions, the petitioners have challenged ssp 2 WP 1247 of 2011 the recovery certificates dated 07-03-2011 issued by the Deputy Registrar, Co-operative Societies, under Section 101 of the Maharashtra Co-operative Societies Act. The grievance of the petitioners is that the said recovery certificates are issued without hearing the petitioners and if an opportunity of hearing was to be given, they could have pointed out that the claim of the society is not correct. 2. Learned counsel for the respondent-Society submits that the petitioners deliberately did not remain present before the Deputy Registrar, though opportunities were given to them by the Deputy Registrar and that the petitioners are trying to delay the matter. 3. During the course of hearing, learned counsel for the petitioners pointed out that the petitioners have paid certain amount for which due credit is not given by the society. Learned counsel for the Society states that even if the said amount is taken into consideration, then also there are arrears which the petitioners are required to pay to the society. In the light of the facts of the present case, we give last opportunity to the petitioners to remain present before the Deputy Registrar to contest the said proceedings. The impugned recovery certificates are therefore set aside. Learned counsel for the petitioners have agreed that their clients will remain present before the concerned Deputy Registrar on 12-09-2011 at 3.00 p.m. The Deputy Registrar ssp 3 WP 1247 of 2011 thereafter may give appropriate date and may take fresh decision after hearing the petitioners and the society. The petitioners are directed to pay 30% of the amount of the recovery certificate to the society latest by 09-09-2011. In case, the said amount is paid, the Deputy Registrar shall give fresh hearing to the petitioners and may take fresh decision within a period of three months after the first date i.e. 12-09-2011. If the said amount is not deposited by the petitioners with the Society within the aforesaid time, the above order will not operate and the Recovery certificates will hold the field. 4. Since learned counsel for the petitioners have agreed that their clients will remain present before the Deputy Registrar on 12-09-2011, it is not necessary to issue fresh notice to the parties. 5. In the light of what is stated hereinabove, the writ petitions to stand disposed of. ( R.M.SAVANT, J. ) ( P.B.MAJMUDAR, J. )