1 W.P. No.10729 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.10729 Of 2010 Godavari Laxmi Co-op. Bank ltd, 31, Navi Peth, Jalgaon, Through its Special Recovery Officer. .. Petitioner. Versus The State of Maharashtra & Others. .. Respondents. -------- Shri. N.R. Bhavar, Advocate, holding for Shri. S.S. Deve, Advocate, for petitioner. Shri. K.G. Patil, Assistant Government Pleader, for respondent No.1. Shri. Vinod Patil, Advocate, for respondent No.3. Shri. D.B. Thoke Advocate, holding for Shri. B.G. Patil, Advocate, for respondent No.4. -------- CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE 26 SEPTEMBER 2011 PER COURT : 1) Heard. 2 W.P. No.10729 of 2010 2) The petitioner bank, in execution of recovery of certificate issued under section 101 of the Maharashtra Cooperative Societies Act, seeks directions to respondent - Education Officer to deduct amount from salary of respondent No.4, who, according to the counsel for the petitioner, stood guarantor to the loan amount obtained by the borrower - respondent No.3. 3) Learned counsel appearing for the respondent No.4-guarantor disputes the calculation reached by the bank in respect of recovery of the amount. The counsel submits that two house properties have been sold in auction in execution of the certificate. Learned counsel for the petitioner-bank submits that it is mandatory law for the borrower and the guarantor to repay the loan amount to the bank. 4) The issue, it seems, is pending with the Education Officer to whom the petitioner requested to deduct the amount. Learned counsel for the respondent- guarantor submits that she has filed a representation to the Education Officer. 3 W.P. No.10729 of 2010 5) It is observed that the Education Officer shall take decision in the light of the certificate issued and the say filed by the respondent-guarantor within four weeks from today and pass appropriate orders. 6) The writ petition is disposed of. Authenticated copy be given to the Assistant Government Pleader. Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.) rsl