:1: :1: :1: FARAD CONTINUATION SHEET 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 PETITION NO. 5926 OF 2007 WRIT PETITION NO. 5933 OF 2007 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.G.N.Salunke, Adv. for the petitioners. Mr.S.C.Halli, Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. DATED: 28TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. The Divisional Joint Registrar has upheld the order of the Assistant Registrar issuing a Recovery Certificate against the petitioner. The petitioner submits that, in the Revision Application several grounds were raised and it was pointed out in the written arguments as well, that the Assistant Registrar could not issue the Recovery Certificate, inter-alia, for the dues prior to Section 101 becoming applicable to the Co-operative Housing :2: :2: :2: Societies. Further, the excess payment was made for the years more specifically set out in the Revision Application and attention was invited to the cheques issued. Similarly, arguments with regard to the quantum and interest were also raised. 2. The Revision Application has been disposed off, after referring to the arguments but without considering them. The Revision Applicant/petitioner before me had complied with the Condition stipulated by Section 154(2A) of the Maharashtra Co-operative Societies Act, 1960 and has also shown his bonafides by depositing a sum of Rs.12,000/- in this court. The least that was expected from the Divisional Joint Registrar was to have satisfied himself as to whether the Certificate granted, is in any way vitiated, not only on account of the petitioner not been given the necessary and relevant details, but, also because the dues pertain to a period prior to :3: :3: :3: Section 101 becoming applicable to Co-operative Housing Societies. In four lines, the Revision Application could not have been disposed off. The order under challenge is therefore quashed and set aside and the matter is remanded to the Divisional Joint Registrar, Co-operative Societies, Konkan Division, Navi Mumbai for decision afresh without being influenced by the earlier order and observation. The Revision Application shall be heard and disposed off expeditiously. 3. In the meanwhile, the amount deposited by the petitioner in this court is allowed to be withdrawn by the Respondent No.1/Society subject to final orders in the Revision Application and without prejudice to the rights and contentions of both sides. 4. Needless to state, that I have not expressed any opinion on any points including the plea of limitation and each one of them is open for being raised before the Divisional :4: :4: :4: Joint Registrar. Petition allowed in above terms. No costs. sd/- ********