1 W.P.No.3624/09 UNREPORTED IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.3624 OF 2009. 1. Nandkishor Vasudeo Namade, Age 50 years, Occ.Business, 2. Murlidhar Vasudeo Nemade, Age 42 years, Occ.Business. 3. Madhukar Vasedeo Nemade, Age 36 years, Occ.Business, 4. Anusaya Vasudeo Nemade, Age 72 years, Occ.Nil. All R/o Vikas Housing Society, Jamner Road, Bhusawal, Tq. Bhusawal, Dist.Jalgaon. ... Petitioners. Versus 1. The State of Maharashtra through its Secretary, Cooperation Department, Mantralaya, Mumbai-32. 2. The Divisional Joint Registrar, Nashik Division, Nashik. 3. The Assistant Registrar, Bhusawal, Tq. Bhusawal, 4. The Manager, Saraswati Co-operative Credit Society Ltd., Bhusawal, Tq. Bhusawal, 2 W.P.No.3624/09 Dist.Jalgaon. 5. The Special Recovery Officer, Saraswati Co-operative Credit Society Ltd., Bhusawal, Tq. Bhusawal, Dist.Jalgaon. 6. Jitendra Mulchand Falak, Age 40 years, Occ.Business, R/o C/o Saraswati Cooperative Credit Society Ltd., Bhusawal, Tq.Bhusawal, Dist.Jalgaon. ... Respondents. ... Mr.A.G.Talhar, advocate for the petitioners. Mr.K.B.Choudhari, Addl. Govt. Pleader for State. Mr.Pravin Waghmare, advocate holding for Mr.H.S.Bedi, advocate for Respondent Nos.4 and 5. Mr.B.R.Kedar, advocate for Respondent No.6. ... CORAM : S.V.GANGAPURWALA,J. Date : 03.10.2011. ORAL JUDGMENT : 1. Heard. 2. Rule. Rule returnable forthwith. With the consent of the parties,the petition is taken up for final hearing. 3 W.P.No.3624/09 3. The petitioners assail the recovery certificate issued by the Assistant Registrar against the petitioners, so also the notices issued by the Special Recovery Officer. 4. Mr.Kedar, learned counsel undertakes to file V.P. on behalf of the Respondent No.6. 5. The averment of the present petitioners is that the Assistant Registrar, has issued the recovery certificate without giving any proper opportunity to the petitioners. The petitioners deny the very disbursement of the loan. There is proper procedure prescribed for disbursement of the loan which has not been followed and false entries have been made. 6. Mr.Waghmare, learned counsel submits that the proper procedure has been followed and the loan has been disbursed. Original documents would substantiate this fact. The Assistant Registrar has taken all these aspects of the matter and has issued the certificate. Even otherwise, the petitioner has alternate 4 W.P.No.3624/09 efficacious remedy by way of revision U/s 154 of the Maharashtra Cooperative Societies Act. After the recovery certificate is issued, the Bank has also disposed of the property as per the provisions of Rule 107 of the Maharashtra Cooperative Societies Rules. 7. The matter involves disputed questions of facts. The petitioners have deposited an amount of Rs.2,50,000/- in this Court. The same is in respect of recovery certificate which is impugned in the present petition. In view of the fact that 50% of the amount is deposited, the Divisional Joint Registrar, shall decide the Revision filed by the present petitioner expeditiously on its own merits. The petitioner shall deposit an amount of Rs.1,00,000/- Rupees one lac) within a period of six (6) weeks from today with the Respondent society. 8. The said Revision shall be registered in case the petitioners deposit an amount of Rs. 1,00,000/- (Rupees one lac) with the Respondent Society. If the petitioners deposit the said 5 W.P.No.3624/09 amount then the Divisional Joint Registrar, shall decide the Revision within a period of six (6) months. The petitioners shall file Revision within a period of three (3) weeks from today. In view of the fact that the present Writ Petition was pending for long time, the Divisional Joint Registrar shall consider the said aspect while registering the said Revision. The order of statusquo passed by this Court shall continue for a period of six (6) weeks from today. In case the petitioners fail to deposit an amount of Rs.1,00,000/- (Rupees one lac) as directed then the Revision shall stand dismissed. (S.V.GANGAPURWALA,J.) asp/office/wp3624.09 6 W.P.No.3624/09