1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4432 OF 2008 (Shikshak Sahakari Bank Ltd. vs. Prabadha Constructions & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 03, 2008. Heard Shri Ghare, learned counsel for the petitioner, Shri Tambde, learned counsel for respondent No.1 and Shri Kankale, learned AGP for respondent No.2. During hearing, it has become clear that the present Respondent No.1 produced a Statement of account before the Divisional Joint Registrar to show that they have effected complete repayment and their liability was wiped out and in fact the petitioner – Bank has recovered some amount in excess from them. After hearing the respondents and after giving an opportunity of hearing to the petitioner, the Divisional Joint Registrar passed the impugned order dated 28.8.2008, directing the petitioner – Bank to refund an amount of Rs.97,738/- to the present respondents. Before me, Shri Ghare, learned counsel 2 has invited attention to guidelines of Reserve Bank of India to point out how a separate account is required to be maintained after the loan becomes a non performing asset. He states that what the respondents produced before Respondent No. 2 – Divisional Joint Registrar was not a correct statement of account maintained by the petitioner as per these guidelines of Reserve Bank of India. He further states that the petitioner – Bank in fact did not produce statement of accounts before the Divisional Joint Registrar. Shri Tambde, learned counsel for respondent No.1 states that the petitioner – Bank did not produce any statement of account, the respondent produced that account and it was accepted by Divisional Joint Registrar. Shri Kankale, learned AGP also supports the arguments of Shri Tambde, learned counsel for respondent No.1. After perusing the impugned order of the Divisional Joint Registrar, the guidelines of Reserve Bank of India and also the statement of accounts produced by the petitioner, as non performing asset - ledger statement, I am inclined to permit the petitioner to file these documents before the Divisional Joint Registrar, however, subject to 3 payment of cost of Rs.5,000/- by the petitioner to Respondent No.1 by 20.12.2008 by Demand Draft to Respondent No.1A. If the cost is so paid, the impugned order shall stand quashed and set aside and the Revision No. 508 of 2006 shall stand restored to the file of Divisional Joint Registrar, Cooperative Societies, Nagpur. The said authority shall after giving the parties an opportunity of hearing, take fresh decision in accordance with law. Such a decision shall be taken as early as possible and in any case by 31.03.2009. Writ Petition is disposed. Rule accordingly. JUDGE *GS.