: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1406 OF 2009 Ashok Ganpat Sable & Ors ... Petitioners V/s. Maratha Mandir Nagari Sahkari Patpedhi Ltd.& Ors. ... Respondents Mr.D.A. Chimote for Petitioners Mr.V.C. Ghosalkar for Respondent No.1 Mr.P.P. Kakade, AGP, for Respondent State CORAM: SMT.NISHITA MHATRE, J. DATED: 23RD JUNE, 2009 P. C.: 1. The Petition has been filed against the order passed by the Divisional Joint Registrar rejecting the application filed by the petitioners for condoning the delay in preferring his revision application u/s 154 of the Maharashtra Cooperative Societies Act. The Petitioner No.1 had obtained a loan of Rs.30,000/- from Respondent No.1 on 26.11.2003. The petitioner Nos.2 to 4 are the sureties. According to the Petitioner, he had repaid the entire loan despite which the respondents obtained a recovery certificate against him for the sum of Rs.13,045/-. This recovery certificate was issued on 11.4.2005. An allegation is made that on 25.4.2005, the petitioner No. 1 was called to the office of Respondent No.1 and informed orally that in the event he paid the agreed amount by cheque within the stipulated time, respondent No.1 would withdraw the case against the petitioner after such payment. The petitioner contends : 2 : that he accordingly paid certain amounts to Respondent No.1 between the period 14.5.2005 till 31.12.2005. The next allegation made by the petitioner is that he was directed to pay Rs.8000/- as a one time settlement by Respondent NO.1 and accordingly he deposited the amount in four equal installments till March 2008. Petitioner No.1 contends that despite repayment, respondent No.1 did not withdraw the case against him and obtained a recovery certificate, ex-parte. The petitioner No. 1 has also contended that he was not aware of the recovery certificate having been issued against him and came to know of it only when Respondent No.3 was to attach the properties of the petitioners. Immediately thereafter, in October 2008, the petitioners preferred an application for revision together with an application for condoning the delay of three years. That application has been rejected by the impugned order dated 7.11.2008. 2. According to Respondent NO.1, a substantial amount of money due and repayable to Respondent No.1 has been paid by the petitioner No.1. However, till December 2008, an amount of Rs.45,086/- was due and payable. The learned advocate appearing for respondent No.1 submits that even after December 2008 certain amounts have been paid by the petitioners. 3. The learned AGP was directed to bring the records to Court to ascertain as to whether the petitioner was aware of the order for issuance of the recovery certificate having been passed in 2005. However, the learned AGP candidly states that although the copy of the recovery certificate which was served on the respondent No. 1 bears the date of 15.12.2005, the office copy does not bear that date. Moreover, he points out that there is no material on record to indicate that a copy of the order : 3 : i.e. the recovery certificate was independently furnished or served on the petitioners herein. 4. In my view, in these circumstances, the Divisional Joint Registrar ought not to have rejected the application for condonation of delay and instead ought to have put the petitioners to terms before condoning the delay. 5. The petition is therefore allowed. The impugned order is set aside on condition that the petitioners deposit with Respondent No.1 a further amount of Rs.25,000/- within six weeks from today. In the event this amount is deposited the delay shall be condoned and the revision application will be heard in accordance with law. While doing so all the amounts deposited by the Petitioner after issuance of the Recovery Certificate shall be taken into account while determining whether the Petitioners have complied with section 154 (2A) of the Maharashtra Cooperative Societies Act. 6. In case the amount as directed is not deposited within the stipulated time, the order rejecting the application for condoning the delay will come into operation.