1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7283 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. WRIT PETITION NO.: 7283 OF 2010 *** 1. Heard Advocate Shri Pawar for Petitioner credit cooperative society, Advocate Shri Patil for Respondent No.2 society and learned A.G.P. for Respondent No.1. Nobody appears for Respondent Nos.4 and 5, though they are served. 2. Looking to the nature of controversy and as dispute is only between two borrowers Respondent Nos.4 and 5, notice for final disposal to Respondent Nos.4 and 5 is dispensed with. 3. Advocate Shri Pawar contends that jurisdiction under section 154 of Maharashtra Cooperative Societies Act, 1960 (Act of 1960, hereafter) can be exercised only against some orders passed by an authority function under the Act of 1960. As there is no such order, revision filed by Respondent No.2 was not maintainable. He further contends that 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7283 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. challenge was to a notice of attachment of immoveable property of Respondent Nos.4 and 5 and action therefor is initiated by petitioner society in the year 2006. The revision, therefore, ought to have been filed within period of 60 days thereafter and hence Respondent No.1 should have dismissed that revision as time barred. 4. Learned A.G.P. has supported the impugned order. He states that Respondent No.1 has looked into relevant aspects and, thereafter, passed the order, which is just and equitable. Advocate Pawar for Respondent No.2 also supports the impugned order. He points out that Respondent No.2 has got a registered mortgage in its favour, executed prior to loan disbursed by present petitioner and it has also filed a dispute vide No.1131 of 2007 before Cooperative Court in that respect. According to him, by suppressing such mortgage, Respondent Nos.4 and 5 have 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7283 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. obtained loan from petitioner and when the mortgage in their favour was jeopardised Respondent No.2 challenged the order of attachment in revision. 5. After hearing respective counsel, I find that Respondent No.1 has correctly appreciated the facts. Mortgage in favour of Respondent No.2 is prior in point of time and it, therefore, has got first charge on the immoveable property. The charge of Petitioner is second charge. The challenge in revision was to attachment orders under section 101 of the Act of 1960 by the petitioner society. It, therefore, cannot be said that there was no orders or proceedings against which revision was filed. Similarly, as mortgage in favour of Respondent No.2 still holds good, the challenge of limitation is also misconceived. 6. However, I find that Respondent No.1 has permitted Respondent No.2 society to proceed 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 7283 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. further to realise their outstanding. It is apparent that as claim of petitioner is also involved in said proceedings, participation of petitioner is also essential. 7. Hence, with direction to Respondent No.2 to associate Petitioner at all stages of the conduct of public auction, the present petition is disposed of. 8. Impugned order passed by Respondent No.1 is modified only to that extent and writ petition is partly allowed. No costs. [B.P.DHARMADHIKARI, J.] Dated:14/02/2011. ans/7283