ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 1390 OF 2008 PETITION NO. 1390 OF 2008 PETITION NO. 1390 OF 2008 Mukhtar Ahmed Ziyauddin Chamanshaikh ...Petitioner Vs. Divisional Joint Registrar Co-op. Societies & Ors. ...Respondents. Mr.S.S.Patwardhan for the Petitioner. Mr.S.D.Rayrikar, AGP for Respondent Nos. 1 and 2. Mr.Harshad Bhadbhade for Respondent No.3. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 9th July, 2008 : 9th July, 2008 : 9th July, 2008. P.C. P.C. P.C. . Heard Mr.Patwardhan, the learned counsel appearing for the Petitioner, Mr.Bhadbhade, the learned counsel appearing for Respondent No.3 and Mr.Rayrikar, the learned, AGP, for Respondent Nos. 1 and 2. 2. The Petitioner is a guarantor to the loan obtained by the Respondent Nos. 4,5 and 6 from Respondent No.3. Respondent No.3 bank initiated recovery application under Section 101 of the Co-operative Societies Act-1960 as the Respondent Nos.4,5 and 6 failed to pay back the loan amount. The learned ( 2 ) Deputy Registrar, by an order dated 12/03/2004 granted Section 101 certificate in favour of Respondent No.3, and against Respondent Nos.4,5 and 6 and the Petitioner jointly. The contention of the Petitioner is that the order was passed ex-parte and therefore, he filed Restoration Application No.9/2004 before the Deputy Registrar on 27/07/2004. By an order dated 11/02/2005, the learned Deputy Registrar stayed the order dated 12/03/2004 and allowed the petitioner to re-argue the matter. By the order dated 11/02/2005, the Deputy Registrar cancelled the earlier certificated dated 12/03/2004 as against the Petitioner only. This order was challenged by Respondent No.3 Bank by filing Revision Application under Section 154 of the Maharashtra Co-operative Societies Act-1960 before the Divisional Joint Registrar. On 10/09/2007, the learned Divisional Joint Registrar, allowed the same and the order dated 11/02/2005 passed by the Deputy Registrar, was quashed and set aside. 3. I am of the considered view that the learned Divisional Joint Registrar correctly quashed and set aside the order of Deputy Registrar on the ground that the same is nullity. In the absence of any specific ( 3 ) provisions either in the Co-operative Societies Act 1960 or Co-operative Societies Rules-1966, in my opinion, the Deputy Registrar could not have reviewed his earlier order dated 12/03/2004. Even it is assumed that the order dated 12/03/2004 was passed without hearing the petitioner, then the remedy of the Petitioner was to file revision under Section 154 of the Co-operative Societies Act. The Petitioner could not have applied for the Review of the order dated 12/03/2004 much less the Deputy Registrar could have absolved the Petitioner from the liability. By the impugned order, the Joint Registrar correctly quashed and set aside the above order of Deputy Registrar. I do not find any error which enable me to interfere in the present Petition in my jurisdiction under Article 227 of the Constitution of India. 3. The Writ Petition is dismissed, accordingly. ( R. V. MORE, J.) R. V. MORE, J.) R. V. MORE, J.)