1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.6990 OF 2009 Lalkhan s/o Bashirkhan Pathan, Age 56 years, Occ. Nil, R/o Satara (Khandoba), Taluka and District Aurangabad. ... PETITIONER VERSUS 1. The State of Maharashtra, through the Secretary for Co-operation and Textile Department, Mantralaya, Mumbai. 2. The Deputy Registrar, Co-operative societies, Taluka Aurangabad, District Aurangabad. 3. Sahakar Bank Staff Co-operative Credit Society Ltd., C/o Aurangabad District Central Co-operative Bank Ltd., Adalat Road, Aurangabad, through its Secretary. ... RESPONDENTS ..... Shri K.J. Suryawanshi, Advocate for the petitioner Shri V.G. Shelke, A.G.P. for respondent Nos.1 & 2 Shri H.A. Patankar, Advocate for respondent No.3. ..... CORAM : K.U. CHANDIWAL, J. DATE : 6th October, 2010 ORAL JUDGMENT : 1. Heard. By consent of the parties, heard finally. 2 Counsel for respondents waive service. Rule. Rule returnable forthwith. 2. The recovery certificate at Exhibit (D) illustrate the date of hearing was 11.6.2008. However, the notice which was purportedly sent to the petitioner, indicate the date for appearance as 4.8., having issued on 28.5 (curiously no year is mentioned by the issuing authority, the learned Assistant Registrar). In the affidavit-in-reply, it is stated that, the notice is returned unserved on 4.8.2008. However, the learned A.G.P. corrects the same by inviting attention to the unserved envelope placed by respondent No.1 at Exhibit R-1 as 9.6.2008. 3. It is apparent, there was no proper communication to the petitioner to appear before the learned Assistant registrar to answer the claim raised by the Staff Cooperative Credit Society. The petitioner had no opportunity, knowledge to cause appearance. The document illustrates that an amount of Rs. 45,437/- is attributed as principal amount payable by the petitioner and other amount as interest and charges. In the set of above facts, the order under challenge is set aside. However, the petitioner as a borrower, to deposit with the Sahakar Bank Staff Cooperative Credit Society an amount of Rs.45,000/- within two months from today. The learned Assistant Registrar shall give hearing to the petitioner afresh and pass appropriate orders 3 about eligibility of claims and contentions of the Creditor, respondent No.3 - Society. Writ Petition allowed to the extent as above. Rule is made absolute in above terms. If the amount is not deposited, the petitioner shall face the consequences. K.U. CHANDIWAL JUDGE