1 THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2990 OF 2009 Jan Mohmod s/o Raghuji Bagwan, Prop. Maharashtra Printing Press, Georai, Age:P 45 years, Printing Press, R/o. Main Road, Georai, Tq. Georai, Dist.Beed. ... Petitioner Versus 1. General Manager, Bhawani Co-operative Urban Bank Ltd., Georai, Shastri Chowk, Georai, Tq. Georai, Dist.Beed. 2. Special Recovery Officer, Bhawani Co-operative Urban Bank Ltd., Georai, Shastri Chowk, Georai, Tq. Georai, District Beed. ...Respondents ... Mr. M.S. Indani, Advocate for the petitioner. Mr. D.J. Choudhari,Advocate for respondent Nos.1& 2. ... CORAM : K.K. TATED, J. DATE : 23rd JULY, 2009. PER COURT : 1. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this 2 petition is heard finally at the stage of admission. 2. Heard learned Counsel for the petitioner and learned Counsel for the respondents. 3. By this petition under Article 227 of the Constitution of India, the petitioner is challenging the notice dated 28-04-2009 issued by respondent No. 2, pertaining to the recovery certificate dated 13-03-2009, issued under Section 101 of the Maharashtra Co-operative Societies Act, 1960. As per recovery certificate, the petitioner is liable to pay a sum of Rs. 2,86,282/-. As the petitioner failed to pay the said amount, the Recovery Officer issued notice dated 28-04-2009 for attachment of property. 4. Learned Counsel appearing on behalf of the petitioner submitted that after issuing recovery certificate under Section 101 of the Maharashtra Co- Operative Societies Act, 1960, the petitioner paid Rs. 75,000/- to respondent No. 1 bank and he is 3 ready to pay the remaining amount within one year from today. 5. Learned Counsel appearing on behalf of respondents state that the bank is not in a position to wait for one year to recover the said amount. In any case, as the petitioner failed to pay the amount as per recovery certificate, respondent No. 2 issued notice dated 28-04-2009 for attachment of the property and inspite of that, the petitioner failed to pay the balance amount to respondent No. 1. 6. I do not find any substance in the present Writ Petition and same is dismissed. Rule discharged. The petitioner is at liberty to take appropriate steps against the recovery certificate. (K.K. TATED,J.) sut/JUL09/wp2990.09