1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3594/2009 Satnam Kaur w/o Avatarsingh Chhabda Age 55 years, Occ-Household & Business R/o Subhash Colony, Shirpur, Tq.Shirpur, Dist.Dhule Through General Power of Attorney holder Shri Avtarsingh s/o Sundarsingh Chhabda Age 65 years, Occ-Business R/o Subhash Colony, Shirpur, Tq. Shirpur, Dist.Dhule. .. PETITIONER VERSUS 1] The State of Maharashtra Through the Secretary Co-operation Department Mantralaya, Mumbai. 2] The Assistant Registrar, Co-operative Societies Shirpur, Tq. Shirpur, Dist.Dhule. 3] Shirpur Merchants Co-operative Bank Ltd. Shirpur, Tq.Shirpur Dist.Dhule through its Manager 4] The Recovery Officer 2 Shirpur Merchants Co-operative Bank Ltd. Shirpur,Tq.Shirpur Dist.Dhule. .. RESPONDENTS .... WRIT PETITION NO.3595/2009 Amarjeetsingh s/o Avartarsingh Chhabda age 23 years, Occ-Household & business R/o Subhash Colony, Shirpur, Tq.Shirpur, Dist.Dhule Through General Power of Attorney holder Shri Avtarsingh s/o Sundarsingh Chhabda Age 65 years, Occ-Business R/o Subhash Colony, Shirpur, Tq. Shirpur, Dist.Dhule. .. PETITIONER VERSUS 1] The State of Maharashtra Through the Secretary Co-operation Department Mantralaya, Mumbai. 2] The Assistant Registrar, Co-operative Societies Shirpur, Tq. Shirpur, Dist.Dhule. 3] Shirpur Merchants Co-operative Bank Ltd. Shirpur, Tq.Shirpur Dist.Dhule through its Manager 4] The Recovery Officer 3 Shirpur Merchants Co-operative Bank Ltd. Shirpur,Tq.Shirpur Dist.Dhule. .. RESPONDENTS .... Shri A.D.Shinde,Adv.for petitioners in both Petitioners. Shri K.M.Suryawanshi,AGP.for Respondents 1 & 2. Shri D.S.Bagul,Adv.for Respondents 3 and 4. .... CORAM : R.K.DESHPANDE,J. DATE : 27/7/2010. ORAL JUDGMENT: 1] Both these Writ Petitions challenge the certificate issued under Section 101 of the Maharashtra Cooperative Societies Act. 1960 (“the said Act” for short) by the Assistant Registrar, Cooperative Socities, Shirpur. 2] Notice in this matter was issued on 17/6/2009 and interim relief was granted in terms of prayer clause “D”. The parties are served. Shri K.M.Suryawanshi, the learned A.G.P. appeared for respondents 1 and 2, whereas Shri Bagul, the learned counsel appeared for respondents 3 and 4. The learned counsel for the parties agree that both the Petitions can be disposed of at the stage of admission. Hence, Rule. Rule made returnable forthwith. By consent of the learned counsels 4 for the parties, Petitions are heard finally. 3] Pursuant to the order dated 3/2/2010, the petitioners in both the Petitions have deposited an amount of Rs.65,000/- and Rs.85,000/- respectively with the respondent no.3 bank. There is an alternate efficacious remedy available by way of Revision Application under Section 154 of the said Act before the Divisional Joint Registrar, Cooperative Societies. These Petitions can be disposed of on the ground that there exists such an alternate efficacious remedy challenging the certificate issued under Section 101 of the said Act by filing Revision under Section 154 of the said Act. However, the provisions of Section 154 (2A) of the said Act, require the revision petitioner to deposit 50% of the amount covered by the certificate. The petitioners have deposited an amount of Rs.65,000/- and Rs. 85,000/- respectively pursuant to an order dated 3/2/2010 passed by this Court. The Divisional Joint Registrar shall therefore, take this amount into consideration while accepting deposit of 50% of the amount, as contemplated by Section 154 (2A) of the said Act. The Divisional Joint Registrar shall take into consideration the period spent by the petitioners in prosecuting the present Writ Petitions from 15/6/2009 till this date, while considering the question of delay in filing Revision. 4] In the result, the instant Writ Petitions are dismissed with 5 the aforesaid observations. Rule discharged. No order as to costs. The interim orders if operating in these Writ Petitions shall continue for a period of 30 days from the date of judgment. [R. K. DESHPANDE, J.] umg/wp3594-09