/ 1/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1056 OF 2004 Deepak Vishvanath Korade ...Petitioner V/s. Assistant Registrar-Kolhapur Zilla Nagari Banks Sahakari Association Ltd. & Ors. ...Respondents Mr.M.V. Limaye for Petitioner. Mr.Amit Borkar for Respondent No.2. Mr.S.D.Rayrikar AGP for Respondent No.1 and 1A. CORAM : V.M. KANADE, J. DATED : 8th APRIL, 2008. P.C.:- 1 Heard learned counsel for the Petitioner, learned counsel for the Respondent No.2, 3 and 4, and learned AGP for the State. 2. Petitioner is challenging the order passed by the Divisional Joint Registrar who has dismissed the Revision Application on the ground of non- compliance of provisions of Section 154(2) of Maharashtra Co-operative Societies' Act, 1960. Recovery certificate was issued against the Petitioner and Respondent No.3 and 4 for an amount of Rs.1,71,186.50/-. Principal borrower-the Respondent No.3 herein died on 15/4/2001 before said / 2/ certificate could be issued. It is submitted that therefore, said certificate itself could not have been issued without bringing heirs of the Respondent No.3 on record. It is, however, submitted that the Petitioner herein has already paid amount of Rs.91,000 since this amount was deducted from his salary. It is submitted that on the date of filing the Revision Application, therefore, out of amount which was due and payable, 50% has already been paid. This is disputed by Mr.Borkar, the learned counsel appearing on behalf of Respondent No.2. Respondent No.2 was directed to produce extracts of the account in respect of said loan amount. Perusal of extract indicates that as on 2003 when the Revision Application was filed, total amount appears to be somewhere in the range of Rs.1,95,000/-. It is an admitted position that as of today 91,000/- has already been paid by the Petitioner. Petitioner shall deposit an amount of Rs.20,000 within a period of four weeks from today. On the said amount being deposited, Divisional Joint Registrar shall hear the Revision Application filed by the Petitioner on merits and in accordance with law and the said amount of Rs.91,000/- plus Rs.20,000/- if paid by the petitioner, it shall be treated as due compliance of the provisions of Section 154(2) of the said Act. If, however, said amount of Rs.20,000/- is not paid within four weeks from today, the Revision Application shall stand dismissed without further reference to the Revisional Court. Petition is allowed in the / 3/ above terms. Impugned order passed by the Divisional Joint Registrar is set aside. Rule is made absolute in accordance with law. ( V.M. KANADE, J.)