1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No. 4478/2009 Jameel Ahemed Hafiz Azizur Raheman Vs. Divisional Joint Registrar, Co.op. Societies and others. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. S.P. Kshirsagar, Adv. for the petitioner. Mr. Jaiswal, AGP for respondents 1 and 2. Mr. S.T. Dhurvey, Adv. for respondent no.3. Mr. S.S. Thamke, Advocate for respondent no.4. CORAM: B.P.DHARMADHIKARI, J. DATE : 7TH JULY, 2010. 1] Heard learned counsel for the respective parties. 2] Contention of the petitioner is that the loan amount has not disbursed by respondent no.4 to the petitioner and hence, it cannot obtain any R.R.C. against the petitioner. 3] Advocate Thamke for respondent no.4 Society states that loan was taken by the Society for all its members and proportionate share of petitioner in loan is also repaid by respondent no.4 to respondent no.3. He, therefore, contends that R.R.C. issued is just and proper. 4] Learned AGP supported the impugned order passed by respondent no.1 dismissing the revision for 2 want of deposit the amount in dispute. 5] The petitioner had earlier moved respondent no.4 showing his willingness to deposit Rs. 87,780/-. That amount is deposited by him with the Registry of this court. In view of this position, Advocate Thamke fairly states that the said amount should be allowed to be withdrawn by respondent no.4 Society and for balance amount of Rs. 1,73,888.42 the appeal before the Divisional Joint Registrar is allowed to be prosecuted further. Learned AGP states that respondent no.4 has no objection for such arrangement and Respondent no.1 will decide the appeal on merits within reasonable time. 6] Looking to the nature of controversy, amount in deposit with the Registry of this Court to be treated as the deposit in the appeal which is to be adjudicated by respondent no.1 on merits. That appeal is accordingly restored back to file. Respondent no.1 shall treat the deposit with the Registry of this Court, as compliance with the provisions of Section 153(2) (A) of Maharashtra Cooperative Societies Act and adjudicate the appeal on merits as early as possible and in any case by 31st 3 October, 2010. The party succeeding in that appeal will be entitled to withdraw the amount in deposit with the Registry of this Court. 7] The parties to appear before respondent no.1 on 26th July, 2010 and to abide by his direction in the matter. Needless to mention that all questions raised by the petitioner and respondent no.4 are kept open before respondent no.1 for adjudication. The petition is disposed of accordingly. No costs. JUDGE Ambulkar.