1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 15224 OF 2010 (For Delay Condonation) WITH CIVIL APPLICATION NO.15225 OF 2010 (For Stay) IN LETTERS PATENT APPEAL ST. NO.30816 OF 2010 IN WRIT PETITION NO. 2154 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Shri. A.M. Gaikwad, Advocate for applicant/appellant. .... CORAM: NARESH H. PATIL & K.K. TATED, JJ. DATE : 28TH OCTOBER, 2010 1. Heard the learned Counsel for the applicants/appellants. 2. We have perused order dated 11-08-2010 passed by the learned Single Judge in Writ Petition NO. 2154 of 2010. 2 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3. Loan obtained in the year 1996 by the Liquidated society is still the issue before the Court. Both the Co-operative Courts held that loan amount is to be recovered from the respondents therein. The recovery certificates under Section 101 of the Maharashtra Co-operative Societies Act, 1960 are also issued. The learned Counsel for the applicants submits that they are not being executed by the Administrator. 4. The learned Single Judge rightly observed that the liability of the petitioners cannot be wiped out only because some recovery certificates are obtained against the main borrowers. The learned Single Judge further observed that in case recoveries are made from borrowers by the Administrator then the 3 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders proportionate refund of the amount be made available to the petitioners after completion of such recovery. 5. In the facts of the case and in view of long pending recovery proceedings, the learned Single Judge adopted a sound approach which does not call for any interference from this Court. There is delay in filing Letters Patent Appeal. Both the Civil Applications filed for condonation of delay and for stay as well as Letters Patent Appeal stand dismissed. sd/- sd/- [K.K. TATED,J.] [NARESH H. PATIL,J.] sut/OCT10/ca15224.10