bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.2302 OF 2008 PETITION NO.2302 OF 2008 PETITION NO.2302 OF 2008 Laxman Abaji Surve ..Petitioner Vs. State of Maharashtra & Ors. ..Respondents Mr.N.V.Walawalkar, Senior Advocate i/b.D.W.Bhosale for the Petitioner. Mr.S.N.Patil, A.G.P. for Respondent Nos.1 to 3. Mr.S.S.Patwardhan for Respondent No.4. CORAM CORAM CORAM :- V.C.DAGA,J. :- V.C.DAGA,J. :- V.C.DAGA,J. DATE DATE DATE : 29TH JANUARY,2009 : 29TH JANUARY,2009 : 29TH JANUARY,2009 P.C. P.C. P.C. 1. On the motion made by learned Counsel for Petitioner, he is permitted to delete Respondent Nos.5 and 6 from array of parties. Amendment to be carried out forthwith. 2. Heard learned Senior Counsel for Petitioner, learned A.G.P. for Respondent Nos.1 to 3 and learned Counsel for Respondent No.4. 3. Rule. Returnable forthwith. Heard finally by consent of parties. 4. Having heard both parties, considering consent terms between parties, the order dated 24th January, 2008 passed by the Divisional Joint Registrar, Cooperative Societies, Kolhapur Division, Kolhapur in Revision Application No.424/2007 and order dated 1st October, 2007 passed by the Assistant Registrar, Gadhinglaj in Recovery Application No.254 of 2007 are set aside being in breach of principles of natural :2: justice. 5. The Recovery Application No.254 of 2007 is restored to file of the Assistant Registrar, Cooperative Societies, Gadhinglaj with direction to hear and dispose of the same in accordance with law. All the rival contentions of the parties are kept open. 6. The Assistant Registrar is directed to dispose of the proceeding under Section 101, following principles of natural justice by a reasoned order as expeditiously as possible at any rate within three months from the date of receipt of the copy of this order. 5. Both parties undertake to appear before the Additional Registrar, Cooperative Societies, Gadhinglaj on 12th February, 2009. The learned Senior Counsel appearing for the Petitioner undertakes to communicate the date of appearance to Respondent Nos.5 and 6, who are deleted from the array of parties. Needless to mention that in view of the above order, the Recovery Certificate would not survive against any of the judgment debtor. The Petition stands disposed of in terms of the above. (V.C.DAGA,J.) (V.C.DAGA,J.) (V.C.DAGA,J.)