bsb 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. 3967 OF 2008 PETITION NO. 3967 OF 2008 PETITION NO. 3967 OF 2008 Ratnagiri Urban Co-op. Bank Ltd. ... Petitioner v/s Chandrasekhar Kashinath Mayekar & ors. ... Respondents Mr.S.A.Pawar for the petitioner. Mr.Rakesh Bhatkar for respondent Nos.1 to 4. Mr.R.M.Patne, A.G.P. for respondent Nos.5 and 6. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 19TH NOVEMBER, 2008 19TH NOVEMBER, 2008 19TH NOVEMBER, 2008 P.C. P.C. P.C.: 1. This petition challenges the order passed by the Divisional Joint Registrar upholding the order passed by the Assistant Registrar, Co-operative Societies, rejecting the application filed by the petitioner for issuance of a recovery certificate under Section 101 of the Maharashtra Co-operative Societies Act (in short, "the Act"). Both the authorities have held that since there is a dispute between the petitioner and the respondent No.1, who is the borrower, there is no need to issue recovery certificate. 2. This finding of both the authorities below is 2 contrary to the provisions of Rule 77 of the Maharashtra Co-operative Societies Rules, 1961. Rule 77 reads as under:- "Rule "Rule "Rule 77. Disposal of a dispute or reference 77. Disposal of a dispute or reference 77. Disposal of a dispute or reference to to to Co-operative Court.- Co-operative Court.- Co-operative Court.- (1) Where the Registrar is satisfied that there is a dispute, the Registrar may decide the dispute himself or refer it for disposal to a Co-operative Court having jurisdiction. (2) Neither the Registrar nor the Co-operative Court shall take up for consideration any dispute, unless the parties concerned comply with the conditions of affixing the necessary Court fees for determining the disputes. Therefore, the Assistant Registrar could have either decided the dispute which was raised by the respondent No.1 regarding his liability himself or referred the matter to the Co-operative Court. The Assistant Registrar has not exercised either of the two options available to him and instead has rejected the application of the petitioner for issuance of recovery certificate. This order therefore cannot subsist and must be set aside. 3. Accordingly, the impugned orders are set aside in view of the fact that there is a dispute between the petitioner and the 1st respondent about the latter’s liability. The Assistant Registrar shall refer the dispute for disposal to the Co-operative Court having 3 jurisdiction to decide the matter. 4. The dispute will be decided in accordance with law after compliance with Rule 77(2) of the Rules, 1961. 5. The respondents shall not alienate Gat No.4/54/2/B at Mayekarwadi, Taluka Ratnagiri, Dist. Ratnagiri till the dispute is referred and interim orders, if any, are passed on the interim application, which may be filed by the petitioner. 6. All contentions of the parties are left open. 7. Writ petition disposed of accordingly.