1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3091 OF 2009 Sanjay s/o Madhavrao Chaudhari, age: 45 years, Occ: Private Service, residing at Plot No.6, Manjusha Housing Society, Ganeshwadi, Jalgaon. Petitioner Versus 1 The State of Maharashtra, through the Assistant Registrar, Cooperative Societies, Erandol, Taluka Erandol, District Jalgaon. 2 The Divisional Joint Registrar, Cooperative Societies, Nashik Division, Nashik. 3 Dadasaheb Dr.N.M.Kabre Nagri Sahakari Bank Maryadit, Erandol, through its Chief Executive Officer, having its office located at Main Road, Erandol, Taluka Erandol, District Jalgaon. 4 The Special Recovery Officer, Dadasaheb Dr.N.M.Kabre Nagri Sahakari Bank Maryadit, Erandol, having its office located in the same Bank at Main Road, Erandol, Taluka Erandol, District Jalgaon. Respondents Shri Shivaji K. Madhekar, advocate holding for Shri Hemant Surve, advocate for the petitioner. Shri T.S.Lodhe, A.G.P. for Respondents No.1 & 2. 2 Shri V.B.Patil, advocate for Respondent No.4. Respondent No.3 served. CORAM: R.M.BORDE, J. DATE : 03 rd December, 2009. ORAL JUDGMENT: 1 Heard learned Counsel for respective parties. Rule, made returnable forthwith and heard finally by consent of the parties. 2 The order passed by Divisional Joint Registrar, Cooperative Societies, Nashik Division, Nashik, rejecting the Revision Application presented by petitioner herein on account of failure to comply with provisions of Section 154 (2A) of Maharashtra Cooperative Societies Act, 1960, (for short, `the Act’), is subject matter of challenge in this petition. 3 On consideration of the application tendered by Respondent No.3-Society, Assistant Registrar, Cooperative Societies, Erandol, District Jalgaon, issued a certificate, as contemplated by Section 101 of the Act, entitling Respondent-society to recover amount due from the petitioner to the tune of Rs.1,22,000/-. Petitioner, being aggrieved by the order in respect of issuance of recovery certificate, raised challenge before Divisional Joint Registrar, Nashik Division, Nashik, by presenting Revision Application. The Revisional Authoriity, however, has rejected the application on account of failure to comply with the provisions of Section 154 (2A) of the Act in respect of deposit of 50% of recoverable amount. 4 It is stated by learned Counsel appearing for Respondents that 3 the petitioner has deposited an amount of Rs.94,000/- out of recoverable dues and as such, there is compliance of mandatory provisions. 5 In this view of the matter, order passed by the Revisional Authority is required to be quashed and set aside, same being without examining record of the case. It is also stated by learned Counsel appearing for Respondents that in respect of recovery of dues for further period, another application is tendered seeking separate recovery certificate. Order, being passed in the instant writ petition, shall have no bearing on the fresh proceedings initiated by Respondent-society for securing separate recovery certificate. So far as instant recovery certificate is concerned, it is stated that more than 50% of the recoverable amount has been deposited and as such, revisional authority shall consider the Revision Application on its own merits. 6 In this view of the matter, Rule is made absolute. Order passed by Divisional Joint Registrar, Nashik Division, Nashik, dated 4 th March 2009, is quashed and set aside and the Revisional Authority is directed to decide the Revision Application on its own merits and in accordance with provisions of law. No costs. (R.M.BORDE) JUDGE ******* adb/wp309109