wp9858.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.9858 OF 2010 1) Deogiri Nagari Sahakari Bank Ltd. Aurangabad, having its office at Artha Complex, Kesarsingpura, Adalat Road, Aurangabad, Through its Branch Manager, 2) The Special Recovery Officer, Deogiri Nagari Sahakari Bank Ltd., Arth Complex, Kesarsingpura, Adalat Road, Aurangabad. ...PETITIONERS. VERSUS 1) Rajiv Arvind Nair, Prop. Of M/s. Midas Enterprises, R/o-E-7, RH-1, Sector-8, Washi, Navi Mumbai-400 703, 2) Divisional Joint Registrar, Co-operative Societies, at Aurangabad, 3) Maharashtra Industrial Development Corporation, Through its Regional Officer, M.I.D.C. Office, Railway Station Road, Aurangabad. ...RESPONDENTS. wp9858.10 2 ... Shri.A.R. Kale Advocate h/f. Shri. A.R. Joshi Advocate for Petitioners. Shri.L.D. Vakil Advocate for Respondent No.1. Shri.K.G. Patil, A.G.P. for Respondent No.2. Shri.S.S. Dande Advocate for Respondent No.3. ... CORAM: NARESH H. PATIL, J. DATE : 30TH SEPTEMBER, 2011. PER COURT : 1. Heard learned counsel for the respective parties. 2. The Petitioner Bank advanced loan to Respondent Midas Enterprises. Respondent No.1 - Rajiv Arvind Nair, claims to be proprietor of Midas Enterprises. The certificate under the provisions of Section 101 of the Maharashtra Co- operative Societies Act, 1960 was issued on 28th February, 2005. Consequent to the said certificate, the Petitioner Bank initiated proceedings to auction the property, which was wp9858.10 3 mortgaged by the Midas Enterprises with the Petitioner Bank and notice of auction was issued. 2. Notice of auction was challenged by Respondent No.1 being proprietor of Midas Enterprises, before the Revisional Authority. By Judgment and order dated 24th September 2010, the Divisional Joint Registrar, Co-operative Societies, Aurangabad, cancelled the said notice by issuing instructions that the subject property be re-valued accordingly and the procedure prescribed under the provisions of the Maharashtra Co-operative Societies Act, 1960 be followed for the purposes of auction of said property. 3. Considering the submissions advanced by the learned counsel for the Petitioners and the Respondents and considering the reasoning adopted by the Divisional Joint Registrar, Co-operative Societies, Aurangabad, I do not notice any perversity or error in the view adopted by the wp9858.10 4 Divisional Joint Registrar, Co-operative Societies, Aurangabad. The Petitioner Bank would follow appropriate procedure in respect of the execution of the certificate, in accordance with law. There is no merit in the Petition. The Writ Petition is dismissed. [NARESH H. PATIL, J.] asb/SEPT11