:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1492 OF 2006 Jamuna Sagar Co-Op. Housing Society Ltd. ..Petitioner Vs. State of Maharashtra and ors. ..Respondents Mr. Peter Lobo for petitioner. Mr. S.d. Rayrikar, AGP for respondent nos.1 and 2. Mr. P. Rafeeq for respondent no.3. CORAM: CORAM: CORAM: B.H. B.H. B.H. MARLAPALLE, J. MARLAPALLE, J. MARLAPALLE, J. Date Date Date : : : April 22, 2008. April 22, 2008. April 22, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Lobo the learned counsel for the petitioner-society. 2. Rule. Respondents waive service. By consent, the petition is taken up for final hearing forthwith. 3. By the impugned order dated 24/8/2005, the Divisional Joint Registrar, Co-operative Societies, Mumbai Division, Mumbai allowed Revision Application No. 590 of 2004 mainly on the ground that Suit No. :2: 2421 of 1989 filed on the Original Side of this court is still pending and, therefore, it was not permissible for the Deputy Registrar to issue a Recovery Certificate against the revision applicant i.e. the present respondent no.3 under Section 101 of the Maharashtra Co-operative Societies Act, 1960 (for short the Act). However, this order overlooks the consent terms recorded in the said suit and accepted by an order dated 12/11/1992 passed by this court (on the Original Side). The said consent terms read as under:- (a) Defendant No.5 and his wife shall pay all Society dues regularly to the plaintiff, from the day they are admitted as members of the Society. (b) Out of the arrears of Surety dues payable by Defendant No.5 and his wife to the plaintiff, after mutually checking all records, and the disputed amount can be mutually negotiated and settled. (c) No order against Defendant Nos.1 and 3 or :3: any other order. No other order on the Notice of Motion and the Notice of Motion be disposed of accordingly with no order as to costs. 4. On 10/6/1993 the society addressed a letter to defendant no.5 i.e. present respondent no.3 pointing out that further to the consent order dated 12/11/1992, membership forms were forwarded by the society and they were not returned duly filled in. The society went on reminding and the final notice was sent on 29/7/2003. Proceeding under Section 101 of the Act were initiated for recovery of Rs.6,26,432/- before the Deputy Registrar. It is evident that as per the consent terms the respondent no.3 and his wife had agreed to become members of the petitioner-society and the society in turn had agreed to admit them as its members and in turn from the day they are admitted as members, they were required to pay all the taxes/charges. There is a dispute between the parties whether the respondent no.3 did not take due steps to become a member of the society or the society did not admit him and his wife as its members. But, surely, the pendency of Suit No. 2421 of 1989 cannot be a reason to hold that the proceedings under Section 101 :4: of the Act were not maintainable despite the consent terms signed between the parties and recorded as per the order dated 12/11/1992 passed in the said suit. 5. Hence, the revision application filed by the respondent no.3 or his wife is required to be decided on its own merits and without considering the pendency of Suit No.2421 of 1989. Admittedly, the respondent no.3 and/or his wife have deposited the statutory deposit of 50% of the dues and, therefore, the revision application could be, on remand, decided within a fixed period on its own merits. 6. In the result, this petition succeeds and the same is hereby allowed partly. The impugned order is quashed and set aside. Revision Application No. 590 of 2004 is restored to the file of the Divisional Joint Registrar, Co-op. Societies, Mumbai Division, Mumbai for being decided afresh and irrespective of the pendency of Suit No. 2421 of 1989. The Divisional Joint Registrar shall decide the said revision before 31st July, 2008. The parties to appear before him on 30th April, 2008 and fix the next date of hearing. Rule is made absolute accordingly. :5: 7. Writ to go to the Divisional Joint Registrar, Co-op. Societies, Mumbai Division, Mumbai forthwith. (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)