1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.8113 OF 2009 1. Mr. Sukhdeo Mahadu Chaudhari, age 73 yrs, Occ. Business. 2. Mr. Ashok Sukdeo Choudhari, age 51 yrs, Occ. Business. 3. Mr. Anil Sukdeo Choudhary, age 45 yrs, Occ. Business. All r/o Main Road, Erandol, Tq. Erandol, Dist. Jalgaon. Petitioners V E R S U S 1. Dadasaheb Dr. N.M. Kabre Nagari Sahakari Bank Ltd., Erandol, Taluka Erandol, Dist. Jalgoan. (Through its Manager) 2. Assistant Registrar, Cooperative Societies, Erandol, Taluka Erandol, Dist. Jalgoan. 3. Divisional Joint Registrar, Cooperative Societies, Nashik Division, Nashik. (Copy to be served on Govt. Pleader at High Court, Bench at Aurangabad for Respondents No.2 and 3.) Respondents. Shri M.M. Avhad, Advocate for the petitioners. Shri V.B. Patil, advocate for respondent No.1. 2 Smt. S.D. Shelke, AGP for the respondent 2 and 3. CORAM : S. B. DESHMUKH, J. DATE : 13TH JANUARY, 2010. ORAL JUDGMENT :- 1. Heard respective counsel for the parties. Learned A.G.P accepted notice on behalf of respondents no. 2 and 3. Mr. Patil appears for respondent No.1. 2. Rule. Rule made returnable forthwith. Heard finally by consent of the parties. 3. This petition takes exception to the judgment and order passed by the learned Divisional Joint Registrar Cooperative Societies Nashik in revision application No. R- Nil/2009. At the outset, it has been clarified by the learned counsel Mr. Patil for respondent No.1 that revision application was filed by the present petitioner challenging the certificate issued under section 101 of the Maharashtra Co-operative Societies Act, 1960. This application was filed, according to learned counsel Mr. Patil, after inordinate delay. Revision application obviously was along with the application seeking condonation of delay. Said application seeking condonation of delay is still pending before Revisional authority. Revisional authority, however has rejected revision application after hearing the parties on the ground of non compliance of provisions laid down under section 154 (2A) of the Maharashtra Co-operative Societies Act, 1960. From the order, it appears that certificate was issued by the 3 authority competent for the amount of Rs.5,35,430/- along with expenses of Rs. 2,360/- and interest. Counsel appearing for the petitioner submits that he has deposited 50% amount of the certificate on the date of filing of the revision application. This position has been accepted by the learned counsel for respondent No.1. This provision laid down under section 154 (2A) of the Maharashtra Co-operative Societies Act, 1960 has been complied with. Mr. Patil, learned counsel appearing for respondent No.1 submits that delay condonation application which is still p ending needs to be decided and there after revisional authority may consider the revision application on merits. I have also heard learned A.G.P. appearing on behalf of respondents No. 2 and 3. 4. In my view, order impugned needs to be quashed and set aside since there is compliance of section under section 154 (2A) of the Maharashtra Co-operative Societies Act, 1960. The fact that delay condonation application is pending, is not disputed by the counsel appearing for the petitioners. 5. In this view of the matter order impugned is quashed and set aside. Learned Divisional Joint Registrar Cooperative Societies Nashik is directed to decide the application seeking condonation of delay occurred in filing revision application by the present petitioners, after hearing the parties, within a period of two months from the date of appearance of the parties. The parties shall appear before the Divisional Joint Registrar Co-operative Societies, Nashik on 1 st February, 2010. If this application is favourably considered and delay is condoned then, Divisional Joint Registrar may proceed to decide revision 4 application in accordance with the provisions of law. 6. Rule is made absolute in above terms without any order as to costs. 7. Authenticate copy of this order is permitted. ( S. B. DESHMUKH ) JUDGE. ..... aaa/8113.09