(1) WP. 1929.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1929 OF 2010 Changdeo S/o Kisan Bargal Age : 35 years, Occu.: Nil R/o At Post Sonai, Tq. Newasa, Dist. Ahmednagar .. Petitioner VERSUS 1] The State of Maharashtra Through its Principal Secretary Co-operative Marketing and Textile Department Mantralaya, Mumbai -32 (Copy to be served on the Government Pleader High Court of Judicature of Bombay, Bench at Aurangabad) 2] The District Deputy Registrar, Co-operative Societies, Ahmednagar 3] The Assistant Registrar, Co-operative Societies, Ahmednagar 4] Raosaheb Patwardhan Credit Co-operative Society Ltd., Ahmednagar, Branch at Sonai, Tq. Newasa, Dist. Ahmednagar through it's Manager/Chairman 5] Ratnakar Pandharinath Badakh, Age : 44 years, Occu.: Manager, R/o Sukhsagar Colony, Near Wani Nagar, Pipeline Road, Ahmednagar, Dist. Ahmednagar .. Respondents (2) WP. 1929.2010 Mr. A.C. Darandale, Advocate for the Petitioner Mr. D.R. Korde, AGP for the respondent-State Mr. R.R. Karpe, Advocate for the respondent no.4 ... CORAM : VR. KINGAONKAR, J. DATED : 28TH JUNE, 2010 ORAL JUDGMENT:- 1] Rule. Rule made returnable forthwith. With the consent of the parties, the Petition is heard finally at the stage of admission. By this Petition, the petitioner challenges the recovery certificate issued under section 101 of the Maharashtra Co- operative Societies Act, 1960 against him and the guarantor. 2] It is not necessary to elaborately set out the rival contentions. The petitioner was allegedly granted loan facility by the respondent no.4 credit co-operative society. The petitioner is employee of the respondent no.4 credit co-operative society and was working as a Peon. The respondent no.4 alleged that loan amount was due from the petitioner and hence sought recovery certificate under section 101 of the Maharashtra Co-operative Societies Act. The respondent no.3 issued the certificate. 3] The only material question is whether the petitioner was given proper opportunity to defend (3) WP. 1929.2010 himself in the proceedings initiated for issuance of the certificate. It is the contention of the petitioner that he was never served with notice of appearance nor any step was taken in his presence. He alleges that the certificate has been issued in breach of the principles of natural justice. He alleges further that necessary procedure required for issuance of certificate is not followed and, therefore, certificate is liable to be set aside. 4] Heard learned counsel and learned AGP. 5] Learned AGP admits the factual position that there is no acknowledgment regarding service of notice to the petitioner in the proceedings under section 101 of the M.C.S. Act. It is stated in the reply affidavit of the respondent no.1 that as per rule 78 of the M.C.S. (Rules), 1961, the co-operative society is required and authorised to serve notices issued by the Registrar. In other words, it is contended that the notice ought to have been effected by the respondent no.4 in order to secure presence of the petitioner in the proceedings of enquiry under section 101 of the M.C.S. Act. It is explicit, therefore, that the petitioner was not duly served with notice regarding enquiry contemplated under section 101 of the M.C.S. Act. The record shows that certificate is issued without following due procedure and it is in violation of the principles of natural (4) WP. 1929.2010 justice. Under the circumstances, the impugned order and certificate is liable to be interferred with. 6] In the result, the Petition is allowed. The impugned certificate and the order are set aside. Respondent no.3 is directed to commence due hearing of the proceedings afresh and de-novo decision shall be rendered. The petitioner is directed to appear before the respondent no.3 for the purpose of afresh enquiry on 12.7.2010 and since that date de-novo enquiry may be commenced. The Assistant Registrar to complete the enquiry within a period of 6 months as far as possible. Petition is disposed of. Rule made absolute accordingly. Sd/- [V.R. KINGAONKAR, J.] arp