WP/8802/2010 1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8802 OF 2010 With CIVIL APPLICATION NO.18338 OF 2010 Pramod Harlal Gavhale Age 29 years, Occ. Business, R/o Gajanan Floor Mill, Nathwada, Plot No.3, Sindhi Colony Road, Jalgaon. ..Petitioner VERSUS 1.The State Of Maharashtra Through its Divisional Registrar, Cooperative Societies, Nashik. 2.The District Deputy Registrar Jalgaon Dist Jalgaon 3.Purnawad Nagari Sahakari Patsanstha Maryadit Sirsoli 72, Unity Chambers, Ganesh Colony Road, Jalgaon Through its Manager. 4. Purnawad Nagari Sahakari Patsanstha Maryadit Sirsoli 72, Unity Chambers, Ganesh Colony Road, Jalgaon Through its Special Recovery and Sale Officer. ..Respondents ... Shri M.B.Kolhe h/f Shri Mahesh S.Patil, Advocates for petitioner / applicant and Shri D.R.Kale, AGP for respondents. ... CORAM : A.A.SAYED, J. Dated : 21.12.2010 WP/8802/2010 2 ORAL JUDGMENT :- 1. Heard learned counsel for the respective parties. 2. Rule. By consent, Rule made returnable forthwith and the petition is taken up for final disposal. 3. This petition essentially challenges the order dated 6.5.2010 by which the property in question was put to auction. 4. Learned counsel for the petitioner states that the auction is now to be conducted on 28.12.2010 for which the petitioner has filed Civil Application for amendment to the petition 5. It is an admitted position that the plot in question was attached on 1.12.2009 in pursuance to the execution proceedings filed after the issuance of recovery certificate under Section 101 of the Maharashtra Cooperative Societies Act, 1960. Admittedly, the petitioner had availed the loan from respondent No.3 Society and had committed default in repayment and recovery certificate has been issued. 6. The only grievance raised in the petition appears to be in respect of the proclamation of the auction sale of the said suit plot. Admittedly, the recovery certificate has not been challenged. The order of attachment dated 1.12.2009 has also not been challenged. Rule 107 (12) of the Maharashtra Cooperative Societies Rules, 1961 provides as WP/8802/2010 3 under :- "(12) Where prior to the date fixed for a sale, the defaulter or any person acting on his behalf or any person claiming an interest in the property sought to be sold tenders payment of the full amount due together with interest, batta and other expenses incurred in bringing the property to sale, including the expenses of attachment, if any, the Sale Officer shall forthwith release the property after cancelling, where the property has been attached, the order of attachment." 7. In view of the fact that loan is admitted and that there is no challenge to the recovery certificate or attachment and the option is available to the petitioner as provided in Rule 107(12) of the said Rules if the petitioner wants to avoid auction sale he should act as per Rule 107(12). In the circumstances, I am not inclined to entertain the petition. 8. In the result, the Petition is dismissed. Rule discharged. No order as to costs. 9. In view of the dismissal of the writ petition itself, Civil Application No.18338 of 2010 does not survive and to stand disposed of. ( A.A.SAYED, J.) ... akl