wp8161­10.doc 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8161 OF 2010 Chetan Patil .. Petitioner Versus Kallappanna Awade Ichalkaranji Janta Sahakari Bank Ltd. & Anr. .. Respondents Ms.Manjari Parasnis for petitioner Mr.P.M.Arjunwadkar for respondents CORAM : S.C.DHARMADHIKARI, J. DATE : 23rd JUNE 2011. P.C.: 1] The petitioner has filed a revision application being Revision application No.252 of 2010 which has been dismissed by the Divisional Joint Registrar, Cooperative Societies, Kolhapur by an order dated 26th August 2010. The dismissal essentially is founded on non compliance with the requirement of subsection 2-A of section 154 of the M.C.S.Act, 1960. The argument on behalf of the petitioners is that the revision application is directed against the notice dated 5th June 2010 wp8161­10.doc 2 i.e. the demand notice under Rule 107(5) of the MCS Rules, 1961. The same Revisional Authority on 22nd June 2010 had passed an order staying the recovery and execution subject to deposit of Rs.2 lakhs. The petitioners have complied with this order. Therefore, there was no occasion for the Revisional Authority to dismiss the revision and particularly when there is a controversy as to whether this subsection would apply in cases where the recovery certificate is not challenged but the recovery proceedings and orders in execution are made subject matter of the revisional proceedings. 2] Without entering into this controversy at this stage and since 50% of the amount under the Recovery Certificate is already deposited by the petitioners, interest of justice would be served if order dated 26th August 2010 is set aside and the Revision application is restored to the file of Divisional Joint Registrar, Kolhapur. The Divisional Joint Registrar must permit the petitioners so also the bank to raise all permissible contentions and each one of them are kept open. Merely wp8161­10.doc 3 because these petitioners deposited in this Court additional amount does not mean that they cannot raise contention that such a requirement is not contemplated while impugning the attachment notice or the orders made in execution of the recovery certificate. All contentions even in that behalf are permitted to be raised at an appropriate stage. With these observations and directing that the Divisional Joint Registrar should now endeavour and dispose of the revisional application within three months from the date of receipt of copy of this order. The petition is disposed of. No costs. 3] If the amount is deposited in this Court is not withdrawn, it is directed to be withdrawn by respondent bank. The deposit as well as withdrawal is without prejudice to the rights and contentions. (S.C.DHARMADHIKARI, J)