1 wp6409 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.6409 OF 2011 Dr.Mukund Namdeo Savaskar ...Petitioner vs. Asst.Registrar Co-op Society (Federation) Rupee Co-op Bank Ltd. Pune and others ...Respondents Mr.N.N.Patil for the Petitioner None for the respondents CORAM : A.S.OKA,J. DATE : SEPTEMBER 8, 2011 P.C.: 1 Heard the learned counsel for the petitioner. On 18th February 2009, a recovery certificate has been issued against the petitioner in the sum of Rs. 19,49,950/- with interest at the rate of 20% per annum. The said recovery certificate was issued in exercise of power under section 101 of the Maharashtra Co-operative Societies Act,1960 (hereinafter referred to as the said Act) on the application made by the respondent no.2-bank. 2 A revision application was preferred by the petitioner under section 154 of the said Act for challenging the recovery certificate. As there was delay in filing that application, a separate application for condonation of delay was filed. By order dated 18th June 2010, the said application for condonation of delay was rejected. Writ Petition being Writ Petition no.5014 of 2010 was filed by the 2 wp6409 petitioner for challenging the said order. By Judgment and Order dated 28th March 2011, this Court disposed of the petition. This Court directed that if the petitioner deposits with the respondent no.2- Bank the amount equivalent to 50% of the recoverable dues payable as per the recovery certificate within a period of three weeks from the date of the order, the order dated 18th June 2010 passed by the Divisional Joint Registrar on delay condonation application will stand set aside and the said application will stand allowed. The said order provides that in the event the petitioner fails to deposit 50% of the recoverable dues within the period of three weeks from the date of order, it will be open for the respondent no.2 bank to execute the recovery certificate. 3 The challenge in this petition is to the order of attachment dated 1st April 2010 passed by the Special Recovery Officer in exercise of power under section 156 of the said Act and Rule 107 of the Maharashtra Co-operative Societies Rules,1961 (hereinafter referred to as the said Rules). The order of attachment is in respect of the property held by the petitioner. The order of attachment has been passed for the purpose of executing the recovery certificate. The learned counsel for the petitioner did not dispute that amount equivalent to 50% of the recoverable dues has not been deposited by the petitioner in terms of the order of this Court dated 28th March 2011. He submitted that the impugned order of attachment dated 1st April 2010 was suppressed by the respondent no.2 and the 3 wp6409 Recovery Officer during the pendency of the earlier petition. He submitted that the impugned order was served subsequently. He submitted that the petitioner has deposited a sum of Rs.1,00,000/- to show his bonafides. He submitted that some other property has also been attached by the respondent no.2 and therefore, the impugned attachment is unwarranted. 4 I have considered the submissions. The petitioner has admittedly not complied with the order of this Court dated 28th March 2011 passed in Writ Petition no.5014 of 2010. Hence, revision application preferred by the petitioner against the recovery certificate under section 101 of the said Act stands dismissed. Therefore, as of today the recovery certificate has attained finality. The impugned order of attachment has been passed in execution of the recovery certificate. The certificate has become executable and admittedly the amount payable thereunder has not been deposited. 5 If the petitioner has any objection to the attachment, the petitioner can always file objection to the attachment in accordance with clause (a) of Sub Rule 19 of the Rule 107 of the said Rules. Writ Petition cannot be entertained for challenging the notice of attachment. 6 Subject to what is observed above, no case is made out for interference. Writ Petition is accordingly dismissed with no order as to costs. JUDGE