1 W.P.No.5701/11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.5701 OF 2011 WITH C.A.NO.11022 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr.U.R.Kulkarni, advocate for the petitioners. Mr.S.G.Dodya, advocate for the Respondents. CORAM : S.V.GANGAPURWALA,J. Date : 17.10.2011. PER COURT : 1. Heard. 2. Recovery certificate has been issued by the Assistant Registrar Cooperative Societies U/s 101 of the Maharashtra Cooperative Societies Act. The present petitioners preferred Revision before the Divisional Joint Registrar. The same is pending. According to the petitioners 50% amount as required can not be crystalised as while passing the order, the Assistant Registrar had directed the Bank to charge interest from the date of NPA as per Reserve Bank of India directives. According to 2 W.P.No.5701/11 Mr.Kulkarni, learned counsel the account has become non- performing asset in the year 2004, even as per the letter issued by the Bank. The said fact is disputed by Mr.Dodya, learned counsel for the Bank. According to him, the account has become non- performing asset from 31.12.2008. 3. The said disputed facts can not be gone into under Writ jurisdiction under Article 227 of the Constitution of India. The Revision is already filed. The same can not be taken up for hearing as 50% is not deposited. The petitioner pursuant to the order passed by this Court has deposited an amount of Rs.15,00,000/- (Rupees fifteen lacs) in this Court. The petitioner shall deposit further an amount of Rs.10,00,000/- (Rupees ten lacs) within a period of six (6) weeks from today, that would make total amount of Rs.25,00,000/- (Rupees twenty five lacs). On deposit of this amount, the Divisional Joint Registrar, shall hear the Revision on its own merits. The said amount of Rs.25,00,000/- (Rupees twenty five lacs) will be towards 50% of the amount i.e. statutory deposit required to be deposited while filing the Revision. The said amount is directed to be deposited as the recovery certificate does not give the exact amount as outstanding against the petitioners. 4. The amount of Rs.10,00,000/- (Rupees ten lacs) shall be deposited with the Bank. Rs.15,00,000/- (Rupees fifteen lacs) is allowed to be withdrawn by the Respondent-Bank. 3 W.P.No.5701/11 5. The Writ Petition is disposed of with the aforesaid directions. The amount of 50% is an approximate amount. No finding has been given by me with respect to the exact amount outstanding. In case the Revision is allowed, the petitioners would be entitled for refund of the amount from the Bank. 6. The Civil Application is disposed of. (S.V.GANGAPURWALA,J.) Dt.17.10.2011. asp/office/wp5701.11 4 W.P.No.5701/11