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 PETITION NO PETITION NO. 6836 OF 2008 6836 OF 2008 6836 OF 2008 Janakalyan Sahakari Bank Ltd ... Petitioner. Vs. Mr Mahendra Kalyankar, Divisional Joint Registrar, Co-operative Societies ...Respondents. Mr Ashish Kamath i/b V. Deshpande & Co. for the Petitioner. Mr S.S. Patwardhan for the Respondents Nos.11 and 12. Mr P. P. Kakade, A.G.P. for Respondent No.14. CORAM: CORAM: CORAM: V.C.DAGA, J. V.C.DAGA, J. V.C.DAGA, J. DATED: DATED: DATED: 04.02. 2009. 04.02. 2009. 04.02. 2009. P.C.: P.C.: P.C.: 1. Parties to the petition have filed consent minutes of order dated 4.2.2009. Same is taken on record and marked "X" for identification. Petition is, accordingly, stands disposed of in terms of consent of minutes of order. ( 2 ) 2. Mere disposal of this petition will not serve the ends of justice, because in a number of cases it is noticed that Recovery Officers appointed by the banks with the concurrence of the Registrar of the Co-operative Societies under Section 156 of the Maharashtra Cooperative Societies Act, 1960 ("the Act" for short) are taking possession of the attached property from the judgment debtor and putting the creditors in possession thereof or some time they hold possession thereof pending execution proceedings. None of the provisions under the Act or Rules framed thereunder permit a Recovery Officer to take possession of the property from a judgment debtor and to hold possession thereof pending public auction. 3. It is needless to mention that a property can only be delivered in possession of the auction purchaser, that too, after issuance of a sale certificate. Till such time, the judgment debtor cannot be deprived of his possession. The property can only be attached and the attachment ( 3 ) can continue subject to the provisions of the Act and the Rules under the Act. 4. Having noticed the illegal act of taking possession of the attached or mortgaged properties by the Recovery Officers, it has become necessary to arrest tendency of the Recovery Officers taking over possession of the attached property pending execution of the recovery certificate issued under Section 101 of the Act. In the circumstances, the Registrar of the Co-operative Societies Maharashtra State is directed to issue a circular to all the Recovery Officers, Cooperative Societies and/or banks, not to take possession of the attached property from the judgment debtor until subject property is sold in public auction and the possession is claimed by the auction purchaser. The Registrar of the Cooperative Societies is also expected to make this legal position clear while according the permission or the consent for appointment of Recovery Officers under Section 156 of the Act. ( 4 ) 5. Learned A.G.P. undertakes to communicate this order to the Registrar, Co-operative Societies, Mumbai Division, Mumbai. He is expected to report compliance of this order within two weeks from today. 6. S.O. after two weeks. (V.C.DAGA, (V.C.DAGA, (V.C.DAGA, J.) J.) J.)