WP5393,5400 & 5401-10 (1) agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5393 OF 2010, WRIT PETITION NO.5400 OF 2010 AND WRIT PETITION NO.5401 OF 2010 Zubeda Mukarab Khan .. Petitioner versus ALJ Residency Co-op Housing Society Ltd & Ors. .. Respondents Mr.C.K.Tripathi for the petitioner. Mr.P.R.Thatte for respondent No.1. CORAM : A.S.OKA, J. DATE : 16th September 2010. P.C.: . Heard learned counsel appearing for the petitioner and the learned counsel appearing for respondent No.1. The 4th respondent is not a necessary party to these petitions. The 2nd and 3rd respondents are represented by learned A.G.P.. Considering the limited controversy involved, the petitions need not be kept pending and therefore the same are taken up for final disposal. WP5393,5400 & 5401-10 (2) 2 Being aggrieved by recovery certificates granted under section 101 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the said Act), the petitioner preferred revision applications under section 154 of the said Act before the District Divisional Joint Registrar. By the impugned orders, the revision applications preferred by the Petitioner were not entertained on the grounds that the petitioner did not comply with requirements of sub-section 2A of section 154 of the said Act. 3 The learned counsel appearing for the petitioner stated that in terms of assurance given to this Court on 13th July 2010, 50% of the amount payable under each recovery certificate has been deposited in each case in this Court. The office noting shows that amounts have been deposited and the same have been invested. 4 Thus, it appears that there is compliance made by the petitioner with the requirement of sub-section 2A of section 154 of the said Act and therefore, the revision applications will have to be heard on merits. The learned counsel appearing for the petitioner submitted that the amounts may not be paid over to the 1st respondent. However, the requirement of sub- section 2A is that revision application shall not be entertained against a WP5393,5400 & 5401-10 (3) recovery certificate under section 101 of the said Act unless the revision applicant deposits with the concerned society 50% amount of the total amount recoverable under the certificate. Hence, the amount deposited in this Court will have to be permitted to be withdrawn by the 1st respondent. It is obvious that payment of the said amount to the 1st respondent will be subject to final outcome of the revision applications. 5 Hence, the petitions are disposed of by passing following order: : O R D E R : (a) The impugned orders passed in the revision applications preferred by the petitioner are quashed and set aside. (b) The revision applications preferred by the petitioner shall be entertained by the revisional authority and shall be heard and decided on merits. (c) Ad-interim relief granted by this Court on 13th July 2010 shall continue to operate till the revision applications are heard and decided. The revision applications shall be disposed of within a period of six months from today. WP5393,5400 & 5401-10 (4) (d) All contentions of the parties on the merits of the revision applications are kept open. (e) The 1st respondent will be entitled to withdraw the amounts deposited by the petitioner with interest accrued thereon. The withdrawal will be subject to final order which may be passed in the revision applications. (f) There will be no orders as to costs. (A.S.OKA, J)