1 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8578/2009. (Raosaheb s/o Kachru Dube Vs. The State of Maharashtra & Ors.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.KJ Suryawanshi, Adv. for petitioner; Mr.KS Patil, AGP for Respondent Nos. 1 to 3; Mr.AR Kale, Adv. h/for Mr. AR Joshi, Adv. for Resp.Nos.4 & 5. *** CORAM : K.U.CHANDIWAL ,J. DATE : 21 st October, 2010. ... 1) Heard both sides. 2) Non-compliance of Section 154 (2A) of The Maharashtra Co-operative Societies Act, 1960, has resulted in passing the impugned order in Misc. Civil Application No.13/2008. The reasons assigned by the learned Divisional Joint Registrar, Cooperative Societies, Aurangabad, need not be faulted. However, considering the fact that at least belatedly the petitioner has deposited 50% of the amount, as contemplated in terms of Section 154(2A) of the said Act with the Bank, as informed by learned Counsel for the petitioner, the learned Divisional Joint Registrar, Cooperative Societies, 2 Aurangabad, shall hear the revision on its own merits. 3) The deposits by the petitioner, though made subsequently, will be treated as compliance in terms of Section 154(2A) of the said Act. This is in the peculiar facts of the case and should not be treated as a precedent to operate for entertaining any application permitting belated payments. 4) The lapses on the part of the petitioner, as a borrower, are quite clear. However, his substantial rights should not be creepled and squeezed for want of compliance in time. 5) The petitioner shall additionally deposit an amount of Rs.10,000/- (Rupees ten thousand) as costs with the Respondent No.4-Bank within a period of fifteen days from today, failure to deposit, would result in the order of the learned Divisional Joint Registrar, Cooperative Societies, Aurangabad, to remain in tact. 6) The petition stands disposed of in the aforesaid terms. (K.U.CHANDIWAL) JUDGE bdv/