1 ndm 41 wp.3634.09 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3634 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.M.Gorwadkar for the Petitioner. Mr. K.V.Tambe, for Respondent No.1. CORAM : A.S.OKA, J. DATE : 10th December, 2010. P.C. 1 Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for 1st respondent. 2 The Petitioner filed a revision application under Section 154 of the Maharashtra Co-operative Societies Act, 1960 for challenging the attachment levied by the 2nd respondent in execution of a recovery certificate issued under Section 101 of the said Act of 1960. As there was a delay in preferring the revision application, an application for condonation of delay was filed by the Petitioner. The said application for condonation of delay was dismissed for default. The Petitioner applied for restoration of the said application. By the impugned order, the Divisional Joint Registrar has rejected the application for restoration. 3 The learned counsel appearing for the Petitioner pointed out that revision application was filed in terms of liberty granted by this Court by order dated 8th June, 2007 in Writ Petition No. 7457 of 2005. He submitted that as application for condonation of delay is not heard on merits, 2 order of restoration ought to have been passed by the Divisional Joint Registrar. 4 I have given careful consideration to the submissions. Under order dated 8th June, 2007, this court permitted the Petitioner to withdraw the petition with liberty to adopt such remedies as are permissible against the order of attachment. It is not in dispute that as of today, no further steps have been taken on the basis of the attachment. In fact, a remedy was available to the Petitioner of raising an objection in accordance with sub-Rule 19 (a) of Rule 107 of the Maharashtra Cooperative Societies Rules, 1961. In view of availability of such remedy, it is not necessary to entertain the writ petition. 5 Hence, petition is disposed of. It will be open for the Petitioner to submit objections to the attachment in terms of sub-Rule 19 (a) of Rule 107 of the said Rules within a period of six weeks from today. The objections shall be decided by the Special Recovery Officer in accordance with law as expeditiously as possible after giving an opportunity of being heard to the Petitioner. 6 All contentions of the parties on merits are kept open. [ A.S.OKA, J ]