1 ao 70.10.doc 1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.70 OF 2010 WITH CIVIL APPLICATION NO.114 OF 2010 Sanjay Shankar Sagale ... Appellant Vs. The State of Maharashtra through the Collector & Ors. ... Respondents Mr. K.K.Pandey for Appellant. Ms. S.V.Sonawane, AGP for the Respondent no.1. Mr. M.S.Karnik for Respondent no.4. CORAM : J.H. BHATIA, J. DATE : 6th September, 2010. P. C. 1 The Appellant had filed Special Civil Suit No. 123 of 2009 against the Respondent seeking declaration that recovery certificate issued under section 154 of the Maharashtra Co-operative Societies Act was null and void as the Appellant-Plaintiff had never taken any loan nor the loan was advanced to them in-spite of their executing the mortgage deed. Objection was taken about tenability of the suit and the learned Civil Judge Senior Division, Nashik held that he has no jurisdiction, in view of 1 ao 70.10.doc 2 the fact, that the recovery certificate passed by the Assistant Registrar, Co-operative Societies could be challenged in Revision under section 154 of the Maharashtra Co-operative Societies Act. The learned counsel for the parties, make a statement that the Revision Application was filed by the present Appellant but it was dismissed on the ground that he had failed to deposit 50% of the amount of the recovery certificate. 2 After perusal of several documents which indicate that the loan was taken by Respondent no.6 and Respondent no.8 the partners of M/s Nimantran Restaurant sometimes in the year 1997. The premises in which that Restaurant was being run was purchased by the Appellant and his wife Respondent no.7 Anita Sanjay Sagale in September, 2004 and then a mortgage deed was executed in favour of the Bank-Respondent no.4 for a loan of `32,00,000/-. According to the Plaintiff-Appellant the loan was never advanced. The Recovery certificate issued on the basis of the loan taken in the year 1997 by the previous owners of M/s Nimantran Restaurant. In view of the circumstances, the learned counsel for the Respondent no.4-Co-operative Bank makes a statement that the bank will not insist for deposit of 50% amount as a condition for admission and hearing of the Revision Application under section 154 of the Maharashtra Co-operative Societies Act and also that Bank will not take any action 1 ao 70.10.doc 3 against the properties of the Appellant till the decision of the Revisional Authority. 3 In view of this, the parties shall approach the Joint Registrar, Co- operative Societies who will hear the Revision Application filed by the present Appellant without insisting for the deposit of 50% of the amount and dispose of the same on its own merits. 4 In view of this, the learned counsel for the Appellant seeks to withdraw this Appeal from Order as well as Special Civil Suit No. 123 of 2009. The Appeal from Order stands disposed of as withdrawn. 5 As the Appeal from Order itself is disposed of, the Civil Application No.114 of 2010 does not survive and stands disposed of accordingly. (J. H. BHATIA, J.)