1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6435 OF 2009 Mr.Rajendra Keshav Manjarekar : Petitioner versus Sadguru Moni Sahakari Patsanstha Maryadit & ors. : Respondents. Mr.Sandesh Deshpande for the Petitioner Mr.J S Suryavanshi for the Respondent No.1 Mr Vinay Sonpal, AGP, for the Respondent Nos.2 and 3. CORAM : S B MHASE & R M SAVANT, JJ. DATE : 27th July 2009 P.C. 1. Leave to amend so as to incorporate the address of the Respondent No.2. Amendment to be carried out forthwith. 2. The above Petition can be disposed of at the admission stage itself. The Petitioner is a borrower against whom a recovery certificate under Section 101 of the Maharashtra Co-operative Societies Act, 1960 has been issued and thereafter the said certificate has been placed with the Respondent No.2 for execution. The Respondent No.2 has attached the shop premises of the Petitioner. The Petitioner approached the 2 Respondent No.2 by filing objections under Rule 107(19) of the Maharashtra Co-operative Societies Rules, 1961. However, the grievance of the Petitioner is that the Respondent No.2 has refused to take cognizance of the said objections. 3. Mr.Vinay Sonpal, the learned AGP appearing for the State/Respondents states that the Petitioner may file fresh objections within a period of one week from date and thereafter within a reasonable period, the Respondent No.2 will decide the said objections after giving an opportunity of hearing thereafter will conduct an enquiry as required under the law. The aforesaid statement of the learned AGP is accepted. 4. We therefore issue the following directions :- (a) The Petitioner shall submit his fresh objections under subrule 19(a) of Rule 107 of the Maharashtra Co-operative Societies Rules, 1961 to the Respondent No.2. (b) After receiving of the fresh objections from the Petitioner, the Respondent No.2 is directe to hear and disposed of the said objections on their own merits in accordance with and shall pass a 3 reasoned order either accepting the objections and/or rejecting the objections. Till the said objections are decided the Respondent No.2 shall not sell the property under attachment. The Respondent No.2 to dispose of the said objection within a period of eight weeks of filing of the said objections. (c) The Respondent No.2 is also directed that opportunity of hearing may also be given to the concerned society whose dues are sought to be recovered by the Respondent No.2. (d) With the aforesaid directions, the above Petition is disposed of . Sd/- sd/- [R.M.SAVANT, J] [S.B.MHASE, J]