1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5224/2009 Prakash Kisan Suryawanshi, Age : 49 years, Occu. Service, R/o 10/1, Abhiyanta Society, Samta Nagar, Jalgaon, Tq. &Dist. Jalgaon. Versus 1 The State of Maharashtra, through Secretary, Co-Operative Deot., Mantralaya Mumbai. 2 Deputy Registrar, Co-Operative Societies, Jalgaon, Tq. & Dist. Jalgaon. 3 Divisional Joint Registrar, Co-operative Societies, Nasik Division, Nasik (through G.P. Office for respondents no. 1 to 3) 4 The Manager, Balvant Nagari Sahakari Patsanstha, Maryadit, 121, Navi Peth Jalgaon, Tq & Dist. Jalgaon. 5 Special Recovery Officer, Balvant Nagri Sahakari Patsanstha Maryadit, 121, Navi Peth Jalaon, Tq & Dist. Jalgaon. 6 Makrand Ramchandra Chaudhari, Age : 44 years, Occu. Business, R/o 445/2A, Plot No. 8, Ravindra Nagar, City, Tq & Dist. Jalgaon. 7 Jivanbala Jitendra Khona, Age : 40 years, Occu. Household, R/o 76, Shahu Nagar Housing Society, City, Tq. & Dist. Jalgaon. ..Respondents. 2 WITH WRIT PETITION NO. 5233/2009 Makrand Ramchandra Chaudhari, Age : 44 years, Ocu. Business, R/o 445/2A, Plot No. 8, Ravindra Nagar, Jalgaon Tq & Dist. Jalgaon. Versus 1 The State of Maharashtra, through Secretary, Co-Operative Deot., Mantralaya Mumbai. 2 Deputy Registrar, Co-Operative Societies, Jalgaon, Tq. & Dist. Jalgaon. 3 Divisional Joint Registrar, Co-operative Societies, Nasik Division, Nasik (through G.P. Office for respondents no. 1 to 3) 4 The Manager, Balvant Nagari Sahakari Patsanstha, Maryadit, 121, Navi Peth Jalgaon, Tq & Dist. Jalgaon. 5 Special Recovery Officer, Balvant Nagri Sahakari Patsanstha Maryadit, 121, Navi Peth Jalaon, Tq & Dist. Jalgaon. 6 Prakash Kisan Suryawanshi, Age : 49 years, Occu. Service, R/o 10/1, Abhinaya Society, Samta nagar, City, Tq & Dist. Jalgaon. 7 Jivanbala Jitendra Khona, Age : 40 years, Occu. Household, R/o 76, Shahu Nagar Housing Society, City, Tq. & Dist. Jalgaon. ..Respondents. 3 (IN W.P. NO. 5224/2009) Mr. P.N. Kutti, Advocate for petitioner. Mr. K.M. Suryawanshi, A.G.P. for respondents No.1 to 3. Mr. L.V. Sangit, Advocate for respondents No.4 and 5. (In W.P. No. 5233/2009) Mr. T.S. Lodhe, A.G.P. for respondents no.1 to 3. Mr. L.V. Sangit, Advocate for respondents no. 4 and 5. Mr. P.N. Kutti, Advocate for respondent no.6. CORAM : [R.K. DESHPANDE, J.] ORAL JUDGMENT : 1. Heard. 2 Both these petitions challenge the order passed by Divisional Jt. Registrar, Co-operative Society, Nasik on 13/03/2009 rejecting the application for condonation of delay caused in filing revision under section 154 of the Maharashtra Co-operative Societies Act, 1960, on the ground that the petitioners in both the petitions have not deposited 50% of the amount in terms of sub sec (2A) of Sec. 154. 3. The notice in this matter was issued on 11/08/2009. The learned counsel appearing for the respective parties submit that the matter can be finally disposed of at the stage of admission. Hence, rule made returnable forthwith. The learned counsels waive service of notice for the respondents. The matter is heard finally by consent of parties. 4. The question involved is whether the Divisional Jt. Registrar was right in rejecting application for condonation of delay on the ground that the petitioners have not deposited requisite amount in terms of Section 154(2A) of the Maharashtra Co-operative Societies Act, 1960. This Court has delivered several judgments including (i) 2006(3) Mh.L.J. 256 4 Bilawar Hakim Shah Vs. Special Recovery Officer and another, (ii) 2008 (2) Mh.L.J. 93 Vivek Bhila Patil Vs. State of Maharashtra and another holding that it is only in the event the delay is condoned, the rigour of section 154 (2A) would come into play and the revision application can thereafter be entertained, only if the applicant makes deposit of 50% of the amount in the Court. In view of this, the matter is no more res-integra. The Divisional Joint Registrar has committed an error of jurisdiction, in dismissing application for condonation of delay, on the ground that the petitioners have failed to deposit the amount. 5 In the result, both the petitions succeed. The order dated 13/03/2009 passed by Divisional Joint Registrar, Co-operative Societies, Nasik dismissing applications for condonation of delay along with revision, is hereby quashed and set aside. The Divisional Joint Registrar is directed to consider the application for condonation of delay, without insisting upon for deposit of 50% of the amount covered by the certificate issued under section 101 of the said Act. If the delay is condoned then the question of compliance of Sec. 154 (2A)) would arise, while considering revision on merits. 6 Rule is made absolute, in the aforesaid terms. 7 No order as to costs. Dt : 23rd June, 2010 [R.K. DESHPANDE, J.] tsk/