(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7526 OF 2010 Devidas s/o. Baburao Avalelu, Age : 44 years, Occupation : Service, R/o. B-2, Ahmednagar Staff Quarters, Aakashvani Kendra, Savedi, District : Ahmednagar. .. Petitioner. versus 1. The State of Maharashtra, Through its Secretary, Ministry of Cooperative, Mantralaya, Mumbai-38. 2. Shri Kanifnath Nagari Sahakari Patsanstha Ltd., Ahmednagar, Through its Chairman. 3. Assistant Registrar, Ahmednagar Dist. Society's Co-op. Federation Ltd., Ahmednagar. 4. Special Recovery Officer, Ahmednagar Dist. Society's Co-op. Federation Ltd., Ahmednagar. 5. Drawing and Disbursing Officer, Station DDO/Director, All India Radio, Ahmednagar. (2) 6. Anilkumar s/o. Kamlakar Deshpande, Age : Major, Occupation : Business, R/o. Aahilya Nagri, Pipeline Road, Ahmednagar (Presently absconding). .. Respondents. ....................... Mr. M.V. Deshpande, Advocate, with Mr. R.S. Sarvadnya, Advocate, for the petitioner. Mr. K.J. Ghute Patil, Assistant Government Pleader, for respondent nos.1 and 3. Mr. S.T. Shelke, Advocate, for respondent nos.2 and 4. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 6TH APRIL 2011 ORAL JUDGMENT : 1. Heard Adv. Mr. M.V. Deshpande with Adv. Mr. R.S. Sarvadnya, for the petitioner; Adv. Mr. S.T. Shelke, for respondent nos.2 and 4, and learned AGP Mr. K.J. Ghute Patil, for respondent nos.1 and 3. 2. Rule. Rule made returnable forthwith. Heard finally (3) with consent. 3. Respondent no.5 is employer of the petitioner and respondent no.6 is original borrower. Hence service of notice of Rule upon the said respondents is dispensed with. 4. Contention of Adv. Mr. M.V. Deshpande is, petitioner was not guarantor of loan allegedly availed of by respondent no. 6 from respondent no.2. The petitioner is not even a member of respondent no.2. He denied all his signatures on alleged papers and had taken specific stand in response to show cause notice issued by respondent no.3. That stand and defence has been overlooked and by recording a vague finding, that some of the signatures are accepted by the petitioner, recovery certificate came to be issued. 5. Learned AGP Mr. K.J. Ghute Patil, for respondent nos.1 and 3, and Adv. Mr. S.T. Shelke, for respondent nos.2 and 4, are supporting the impugned order. 6. Adv. Mr. Shelke points out that denial is looked into by respondent no.3 but then, there is other material on record which shows that petitioner is guarantor. Attention is invited to insolvency proceedings allegedly filed by respondent no.6 in (4) which the present petitioner is defendant no.17. The assertion in that insolvency proceedings, about petitioner being guarantor, is pressed into service. Written statement filed in insolvency proceedings containing admission of said assertion is also pressed into service. 7. With the assistance of respective Counsel, I have perused the papers. The impugned order dated 29-5-2008 issued by respondent no.3 nowhere specifically records a finding on stand taken by the petitioner. The petitioner has not accepted any of his signatures. The order, therefore, shows total non- application of mind. It cannot be viewed as reasoned order at all. 8. In the result, the petition is partly allowed. (i) The impugned order / recovery certificate dated 29-5-2008, passed by respondent no.3, under Section 101 of the Maharashtra Cooperative Societies Act, 1960, is quashed and set aside. The proceedings for issuance of recovery certificate, in so far as the present petitioner is concerned, are restored back to the file of respondent no.3 for taking fresh decision in accordance with law. (5) (ii) The present petitioner and respondent no.2 shall appear before respondent no.3 on 2nd May 2011 and shall abide by his further instructions in the matter. (iii) Respondent no.3 shall consider grievance of the petitioner and pass such other orders as may be required in law, as early as possible and in any case, by 31st July 2011. 9. Rule is made absolute accordingly. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/7526wp