1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1591 OF 2010 Rajivi Seena Anchan .. Petitioner Vs. The Asst. Registrar Co-operative Societies & Ors. .. Respondents Mr. S. G. Deshmukh i/b Mr. M. S. Kumthekar for the Petitioner. Mr. Harinder Toor i/b Mr. Subhash G. Bane for Respondent No.3. Ms. P. S. Cardozo AGP for Respondent Nos.1, 12 & 13. CORAM : MRS. R. S. DALVI, J. DATE : 8th March, 2010. P.C. 1. Rule. Rule is made returnable forthwith. 2. The petitioner has taken out an application in Revision before the Joint Registrar, Co-operative Societies, Mumbai which is pending adjudication. The petitioner has not deposited 50% of the amount due and payable under the recovery certificate issued by the Assistant Registrar, Co- operative Societies in favour of respondent No.3 Bank in 2 respect of proceeding adopted by the bank. The petitioner contends that the recovery certificate is not issued against the petitioner. The petitioner contends that the 50% of the amount is not depositable under Section 154 (2)(A) of the Maharashtra Co-operative Societies Act (the Act). This aspect has to be considered by the Revisional Authority itself taking into account the law laid down by this Court that all derivative actions under recovery certificate which are sought to be challenged require the deposit of 50% of the amount then due and payable under the recovery certificate issued by the bank. 3. The Revisional Authority shall have to see whether the application of the petitioner is one such derivative action. The Revisional Authority shall have to consider whether that action should be dismissed because 50% amount is not deposited or whether that application can be granted despite the non deposit. 4. The petitioner has challenged the auction sale and claims that the public auction should not be proceeded with by the bank. Only the Revisional Authority would require to pass the order on his application. 3 5. The Revisional Authority shall pass its order on the petitioner’s Revision Application No. 33 of 2010 taking in account Section 154 (2)(A) as also the facts of the case. The Writ Petition is disposed of accordingly. Rule is granted accordingly. 6. Until then no protection is granted. (R. S. DALVI, J.)