(1) lpa38­11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 38 OF 2011 IN WRIT PETITION NO. 9477 OF 2010 Jagannath s/o Govinda Mahale and others APPELLANTS VERSUS Chopda Urban Co­operative Bank Limited and others RESPONDENTS ..... Mr. K.C. Sant, advocate for the appellants. Mr. P.S. Gaikwad, advocate for the respondent Nos. 1 and 3. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATED : 8th AUGUST, 2011 ORAL ORDER: 1. The Letters Patent Appeal is directed against the order of the learned Single Judge, dated 12th January, 2011. The learned Single Judge has rejected the Writ Petition filed by the appellants as the appellants had an alternate remedy available under the provisions of the Maharashtra Cooperative (2) lpa38­11 Societies Act, 1960 (for short, "the MCS Act"). 2. The appellants had challenged the issuance of a certificate under section 101 of the MCS Act. The reliance is placed on a judgement in the case of "Sandeep Polymers Pvt. Ltd. and others vs. State of Maharashtra and others" 2010 (6) ALL MR 550 to submit that the principles of natural justice must be followed while issuing the certificate under section 101 of the MCS Act. It is contended on behalf of the appellants that one of the guarantors was dead and the Authority had not ascertained whether a notice was served on that guarantor before issuing the certificate under section 101 of the MCS Act. 3. In our opinion, such a contention is not available to the appellants who are the borrowers. There is no dispute that a notice was served on them. Therefore, the appeal is dismissed. All contentions raised regarding the issuance of the certificate in the Writ Petition as well as in this appeal can be agitated before the Revisional Authority. 4. In view of the dismissal of the Letters (3) lpa38­11 Patent Appeal, the Civil Application Nos. 1870/2011 and 1871/2011 do not survive and hence, stand dismissed. [M.T. JOSHI, J.] [SMT. NISHITA MHATRE, J.] npj/lpa38­11