1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8497 OF 2009 1 Kirti Cloth Centre, through Proprietor, Shashikant s/o Narayan Mokase, age: 36 years, Occ: Business, R/o At Pishor, Tq. Kannad, District Aurangabad. 2 Tejrao s/o Mohanji Jadhav, age: major, Occ: Agri., R/o as above. 3 Narayan s/o Kalu Mokase, age: major, Occ: Agri., R/o as above. Petitioners Versus 1 The State of Maharashtra, through Assistant Registrar, Co-operative Societies, Aurangabad. 2 Devgiri Nagari Co-operative Bank Ltd., Aurangabad, Kranti Chowk Branch, Aurangabad, through its Branch Manager. 3 Mrs.Vimal w/o Laxman Gawali, age: major, Occ: Nil, R/o Pishor, Tq. Kannad, District Aurangabad. 4 Madan s/o Bhika Sonawane, age: major, Occ: Agri., R/o Near Rural Hospital, Pishor, Tq. Kannad, District Aurangabad. Respondents 2 Mr.S.S.Patil, advocate for the petitioners. Mr.T.S.Lodhe, A.G.P. for Respondent No.1. Mr.A.R.Joshi, advocate for Respondent No.2. CORAM: R. K. DESHPANDE, J. DATE : 21 st July, 2010. ORAL JUDGMENT: 1 Heard Shri S.S.Patil, learned Counsel for petitioners, Shri T.S.Lodhe, learned A.G.P. For Respondent No.1 and Shri A.R.Joshi, learned Counsel for Respondent No.2. Rule, made returnable forthwith and heard finally at the stage of admission. 2 This Writ Petition challenges the order dated 11.11.2009, passed by the Deputy Registrar, Co-operative Societies, Aurangabad, granting certificate of recovery under Section 101 of the Maharashtra Co-operative Societies Act, 1960. The challenge is on the ground that the petitioners were not provided an opportunity of being heard in the mater after filing reply. This is apparent from the order sheet, which is produced on record. 3 In view of this, the order impugned in this petition is liable to be quashed and set aside on this short ground. However, it shall be subject to the condition that the petitioners shall deposit 50% of the amount covered by the certificate in question before the Deputy Registrar, Co-operative Societies, Aurangabad, within six weeks from today, who shall invest the said amount in Fixed Deposit in any Nationalised Bank. After deposit of the amount, the Deputy Registrar shall provide an opportunity of hearing to the petitioner and shall pass an order in accordance with law within a period of three months from the date of receipt of writ of this Court. It is further made 3 clear that if the petitioner fails to deposit the amount within a period of six weeks from today, the Deputy Registrar shall treat the present petition as dismissed and shall proceed accordingly to execute the certificate. 4 Rule is made absolute in the aforesaid terms. No order as to costs. (R. K. DESHPANDE) JUDGE ******* adb/wp849709