1 wp2548 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.2548 OF 2011 Sadashiv D. Paigude & Anr. ...Petitioners vs. The Assistant Registrar & Ors. ...Respondents Mr.R.V.Govilkar for the Petitioners Mr.Ramnath Ravi for the respondent nos.2 and 3 Mr.S.D.Rayrikar, A.G.P for respondent nos.1 and 4 CORAM : A.S.OKA,J. DATE : SEPTEMBER 14, 2011 P.C.: 1 Heard learned counsel for the petitioners, learned counsel for the 2 nd and 3 rd respondents and learned A.G.P for respondent nos.1 and 4. 2 The petitioners have deposited requisite amount with the second and third respondents in terms of the undertaking tendered before this Court on 4 th August 2011.In view of the deposit of the said amount, the learned counsel for the second and third respondents has no objection if by setting aside the impugned orders, the matter is remitted to the Assistant Registrar of Co-operative Societies for deciding the application made by the respondent no.3 under section 101 of the Maharashtra Co-operative Societies Act,1960. 2 Hence, I pass the following order : 2 wp2548 i) Petition is allowed in terms of prayer clause (b). ii)Application for granting recovery certificate made by the respondent no.3 is restored to the file of the Assistant Registrar of the Co- operative Court. iii)The parties are directed to appear before the Assistant Registrar on 10 th October 2011 at 11.00 a.m. It will be open for the petitioners to file additional reply and documents for dealing with the application made by the respondent no.3. iv)The deposit of the amount made by the petitioners shall be subject to final outcome of the application for recovery certificate. v) The application for recovery certificate shall be decided afresh by the Assistant Registrar as expeditiously as possible and preferably prior to 31 st December 2011. vi)All questions on merits of the application for recovery certificate are expressly kept open. vii)Parties concerned to act upon an authenticated copy of this order. JUDGE