1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2021/2009 1] Kuldipsing S/o Premsing Chahel Age 65 years, Occ-Agriculture 2] Ravindrasing s/o Kuldipsing Chahel Age 35 years, Occ-Agriculture Both R/o Near Warangaon Naka, N.H.6 Bhusawal, Dist.Jalgaon. .. PETITIONERS VERSUS 1] Sahakar Mitra Chandrakant Hari Bade Sir Urban Co-operative Credit Society Ltd. Warangaon, Tq.Bhusawal Dist.Jalgaon. 2] Assistant Registrar Co-operative Societies Bhusawal, Dist.Jalgaon. 3] Divisional Joint Registrar Cooperative Societies, Nashik Division Nashik. 4] Mr.Yempalle V.S. Age Major, Occ-Service Administrator Chandrakant Hon Badhe Sir Patsanstha,Varangaon. .. RESPONDENT 2 ... Shri Swapnil, Patil,Adv.for petitioners Shri V.D.Patil,Adv.for Respondent 1 & 4. Shri K.M.Suryawanshi,A.G.P. for respondents 2 & 3. .... CORAM : R.K.DESHPANDE,J. DATE : 12/7/2010. ORAL JUDGMENT: 1] This Writ Petition challenges the order dated 17/2/2009 passed by the learned Divisional Joint Registrar, Cooperative Societies, rejecting the application of the petitioner for condonation of delay caused in filing Revision Application under Section 154 of the Cooperative Societies Act, 1960 (the said Act for short) on the ground that the petitioner has not complied with the provisions of Section 154(2A) of the said Act regarding deposit of 50% amount contained in the certificate. 2] Notice was issued in this matter on 18/6/2008, Shri Vinod Patil, the learned counsel appears for respondents 1 and 4 and Shri K.M.Suryawanshi, the learned A.G.P. appears for respondents 2 and 3. Parties agree that the matter can be finally disposed of at the stage of admission. Hence Rule. Rule made returnable forthwith. Petition is heard finally by consent of learned counsels for the parties. 3 3] Revision Application was filed by the petitioner under Section 154 of the Maharashtra Cooperative Societies Act, 1960 against the certificate granted under Section 101 of the Act by the Divisional Joint Registrar, Cooperative Societies, Nashik Division, Nashik. Application for condonation of delay of 43 days caused in preferring Revision Application was rejected on the ground that the petitioners have not complied with the requirement of statutory deposit for granting recovery certificate. The matter is no more res-integra, in view of the decision of this Court reported in 2008 (2) Mh.L.J. page 93 in the case of Vivek Bhila Patil V/s State of Maharashtra and others, wherein, it has been held that it is only in the event the delay is condoned, the regours of Section 154(2A) would come into play and the revision application can thereafter be entertained only if the petitioners make the pre deposit of 50% of the amount under the certificate. In view of this, the order dated 17/2/2009 passed by the Divisional Joint Registrar, impunged in the Petition, cannot be sustained. The petitioner has also prayed for setting aside the certificate issued under Section 101 of the said Act. However, since the Revision is already preferred, I am not inclined to go into the challenge raised to the certificate and it is open for petitioner to pursue said remedy. 4] In the result, the instant Petition succeeds. The order dated 17/2/2009 passed in Revision Application No.9/2009 is 4 hereby quashed and set aside. The Divisional Joint Registrar, Co-operative Societies, Nashik Division, Nashik, is directed to hear and decide the application for condonation of delay and if the delay is condoned, the revision application can thereafter be entertained only if the petitioners make compliance of Section 154(2A) of the said Act regarding pre-deposit of 50% of the amount under the certificate. Rule made absolute in above terms. No order as to costs. [R. K. DESHPANDE, J.] umg/wp2021-09