: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3995 OF 2008 Sadguru Sai Sadan Co.op. Hsg. Soc. Ltd. ... Petitioner V/s. Vijayabai Gurunath Kalyankar (Shahane) & Ors. ... Respondents Mr.S.S. Salunkhe for Petitioner Mr.J.S. Kini i/b P.M. Jadhav for Respondent NO.1 Ms.P.S. Cardozo, AGP, for Resp. Nos.2 to 4 CORAM: SMT.NISHITA MHATRE, J. DATED: 17TH JUNE, 2009 P. C.: 1. The petitioner society has approached this Court against the order passed by the Deputy Registrar in the recovery proceedings u/s 101 of the Maharashtra Cooperative Societies Act. By his order, the Deputy Registrar has refused to issue a recovery certificate. That order has been confirmed by the Divisional Joint Registrar, Konkan Division. The reasons given by both the authorities below for refusal of the certificate are that there are disputed questions of fact as to whether Respondent No. 1 is a member of the petitioner society and further as to whether the members of the society are the tenants of Respondent No.1. In my view, there is no error committed by both the authorities below in directing the petitioner to file appropriate proceedings for redressal of their grievance u/s 91 of the Maharashtra Cooperative Societies Act. Respondent No.1 has annexed a copy of the plaint which has been filed by the : 2 : petitioner in RCS No.231 of 2001 pending before the Civil Judge, Junior Division, Thane in which a specific prayer is sought for a declaration that Defendant No.3 in that suit i.e. Respondent No.1 herein is a member of the society since 8.1.1990, the date of the registration of the society. Thus, it is obvious that unless there is a clear finding of fact by an appropriate forum the petitioner is not entitled to a recovery certificate u/s 101. 2. Petition rejected.