1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2154 OF 2010 Dileep Ashbapu Sable and others ..PETITIONERS -VERSUS- Shri.Saint Mahipati Nagari Sahakari Path Sanstha and others. ..RESPONDENTS ..... Mr.A.M. Gaikwad, advocate for petitioners. Mr.N.V. Gaware, advocate for respondent nos. 2 and 3. ..... (CORAM : V.R.KINGAONKAR,J.) DATE : 11 st August, 2010. PER COURT : 1. Heard learned counsel for the parties. 2. The petitioners are the Directors of the respondent no. 2-credit society. They are held liable to pay the amounts, which are disbursed to certain borrowers during their tenure as a Directors. The Co-operative Court rendered the findings against them. The findings are confirmed by the co-operative appellate Court. 3. The contention of the petitioners is that the respondent no.1 obtained recovery certificates under Section 101 against the borrowers to whom such loans were disbursed and the 2 Administrator, so appointed to manage the affairs of the respondent no.1, can recover the amount from the borrower by executing the recovery certificates. It is contended that if the petitioners are required to pay the amounts as per the concurrent findings of the Co-operative Court as well as the Co-operative Appellate Court and the borrowers are also required to pay the same amount, then it will amount to double recovery about the same loan. In order to avoid such double recovery, the petitioners can be assured of refund, if such recovery can be made from the borrowers in execution of the recovery certificates under Section 101 of the Maharashtra Co-operative Societies Act, 1960. The liability of the petitioners can not be wiped out only because some recovery certificates are obtained against the main borrowers. In this view of the matter, the Petition is disposed of with observations that if the recoveries are made from borrowers by the Administrator in execution proceedings and in pursuance of the certificates issued under Section 101 of the M.C.S. Act, 1960 then the proportionate refund of the amount be made available to the petitioners after such complete recovery. The Petition is disposed of. No costs. (V.R.KINGAONKAR) JUDGE gas/wp2154.10