: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.780 OF 2009 P.N. Jhangiani ... Petitioner V/s. Deputy Registrar, Cooperative Societies & Ors. ... Respondents Mr.B.G. Vaidya for Petitioner Mr.S.D. Rayrikar, AGP, for Respondent Nos.1 & 4 Mr.S.K. Shinde for Resp. No.2 CORAM: SMT.NISHITA MHATRE, J. DATED: 9th JULY, 2009 P.C.: 1. The petitioner has challenged the decision of the Divisional Joint Registrar, Cooperative Societies, Mumbai Division dated 13.10.2008. The revision application has been filed against the a recovery certificate issued u/s 101 of the Maharashtra Cooperative Societies Act as the petitioner was in arrears of payment of maintainance and other charges to the society. The petitioner contends that these charges have been claimed against him by calculating interest on those amounts @21% p.a. It is submitted on behalf of the petitioner that there was no basis for the amount to be charged with interest @21% p.a. The learned advocate submits that the resolution on which the respondent rely to claim this interest was not produced before the Divisional Registrar. : 2 : 2. An affidavit has been filed by the society annexing the resolution passed on which basis interest is being claimed @ 21%. 3. In view of the fact that this resolution was not produced before the lower authorities in my opinion, it would be appropriate to remit the matter back to Respondent No.1 who will decide the issue regarding interest component which should be charged on the principal amount payable by the petitioner. The matter is accordingly remitted to Respondent No.1. However, the learned advocate for the respondent society points out that the petitioner is in arrears of Rs.68617/- upto September 2005 and therefore at least this amount must be paid to the society by the petitioner before the matter is remanded. The petitioner has already deposited Rs. 25,000/- in this Court pursuant to the order of 15.1.2009. The petitioner shall deposit the entire amount of Rs.68,617/- with the society less Rs.25,000/-. The Society may withdraw Rs.25,000/- which has been deposited in this Court. The aforesaid amount which the petitioner has been directed to pay must be paid within three weeks from today. 4. Respondent No.1 shall complete the enquiry within two weeks after the aforesaid amount of Rs.68,617 is paid to the society. If the aforesaid amount is not paid within the stipulated period, the impugned orders in this petition will revive and come into operation. 5. Writ Petition is disposed of accordingly.