WP.7260-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 7260 OF 2010 Mr. Sevantilal Mohanlal Vora ...Petitioner Vs. State of Maharashtra & Ors. ...Respondents *** Mr. Daljeet Singh Bhatia, for the Petitioner. Ms. P. S. Cardozo, AGP for Respondent Nos. 1 & 3. Mrs. Usha R. Tiwari, for the Respondent No.7. *** CORAM: V. M. KANADE J. DATE : JANUARY 21, 2011 P.C. 1. Heard the learned counsel appearing on behalf of the petitioner, respondent No.7 and the learned AGP appearing on behalf of respondent Nos. 1 & 3. On the last date this Court had asked the petitioner whether he is willing to deposit 50% of the amount of the recoverable dues to the Society. The counsel appearing for the petitioner, however, has expressed inability of his client to deposit the said amount. The petitioner is aggrieved by the order passed by the Divisional Joint Registrar, Cooperative Societies, dated 9-6-2010. By the said order, the Divisional Joint Registrar has observed that since the applicant has not WP.7260-10 - 2 - deposited 50% of the recoverable dues, it is not possible to entertain the revision application. 2. It is well settled a position in law that in view of provisions of Sub-section (2A) of Section 154 of the Maharashtra Cooperative Societies Act, 1960, the applicant who wishes to challenge the impugned order has to deposit 50% of the said amount to the society. In my view, therefore, the Divisional Joint Registrar was justified in rejecting the said application. However, if the petitioner deposits 50% of the recoverable dues within two weeks from today to the Society, his Revision Application shall be decided on merits and in accordance with law, by the Divisional Joint Registrar. 3. The demand notice is stayed for a period of two weeks to enable the petitioner to make payment of the amount, as directed above. If, however, said amount is not deposited within two weeks to the Society, the Society shall take appropriate steps and proceed in the matter. The payment of amount of Rs.20,000/- made by the petitioner to the Society, shall be taken into consideration while calculating 50% of the recoverable dues. With these directions, writ petition is disposed of. [ V. M. KANADE J.]