-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.668 of 2008 1. Mrs.Deepali Babasaheb Galinde and others ..Petitioners vs. 1. Special Recovery officer Maharashtra Patasanstha Federatio Ltd. and ors. ..Respondents Shri Amol A.Deshpande with Smt.Deeajyoti Talukdev for petitioners. Shri S.S.Kanetkar for respondent nos.1 and 2. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. CORAM: S.C.DHARMADHIKARI J. 15th February, 2008 15th February, 2008 15th February, 2008 P.C. P.C. P.C. 1. This writ petition challenges the order by the Divisional Joint Registrar on Revision Application no.161 of 2007. The petitioners are original applicants and they have challenged the order dated 4th May, 2006 attaching their properties and further steps pursuant to the notice dated 29th June, 2006. The Divisional Joint Registrar has observed that the Revision Application is not maintainable because ultimately the challenge is to the issuance of the Recovery Certificate. If the petitioners would have complied with section 154(2A) and deposited 50% of the recoverable dues, then, the Divisional Joint Registrar could have considered -2- the matter. Even that has not been done and the Divisional Joint Registrar has found that the liability is admitted. For all these reasons, the revision was dismissed. 2. Today, the learned Advocate appearing for the petitioners, after taking instructions, makes a statement that within a period of one week from today, the petitioners will deposit 50% of the principal amount under the recovery certificate with respondent nos. 1 and 2. In case the amount is so deposited, then, the Revision Application stands revived and the Divisional Joint Registrar to then hear the revision application on merits and in accordance with law without being influenced by his earlier order and direction. 3. In case compliance is not made with the above, then, the impugned order stands confirmed. Writ petition stands dismissed without reference to Court and all coercive measures can be resorted to by respondent no.2 to recover the amount outstanding along with interest. Petition is disposed of in the above terms. -3- 4. In the light of the statement made by the learned Advocate for the petitioners, respondent nos. 1and 2 to postpone the auction scheduled on 16th February, 2008 for a period of 10 days from today. 5. All concerned to act on an authenticated copy of this order. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)