1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1573 OF 2009 Sanjay Dhondiba Kale, Age: 50 years, Occ: Agri., R/o. Vithe, Tq. Akole, District Ahmednagar & Ors. .. Petitioners Versus The Deputy Registrar, Co-operative Society, Akole, Tq. Akole, Dist. Ahmednagar and another. .. Respondents ... Mr. S.K. Shinde, Advocate for petitioners. Mr. Umakant Patil, A.G.P. for respondent No.1. Mr. S.T. Shelke, Advocate for respondent No.3. ... CORAM : K.K. TATED, J. DATE : 10TH AUGUST, 2009. PER COURT : 1. Learned Counsel appearing on behalf of the petitioners seek leave to delete the name of 2 respondent No.2. Leave is granted. Amendment to be carried out during the course of the day. 2. Rule. Rule made returnable forthwith. Heard by consent. 3. By this Writ Petition under Article 227 of the Constitution of India, the petitioners are challenging the recovery certificate dated 27-03-2008 and notices dated 30-05-2008, 02-07-2008 and 12-01-2009 issued by the Special Recovery and Sale Officer, District Federation of Co-operative Patsanstha Ltd., Ahmednagar, for a sum of Rs. 1,77,263/- alongwith interest. 4. After issuing recovery certificate, the petitioners deposited some amount with the respondent credit society. There is no dispute about total outstanding loan amount of Rs. 1,27,404/- as on 30-06-2009, as per affidavit dated 07-07-2009 filed by respondent No.3. Learned Counsel appearing on behalf of the 3 petitioners filed undertaking duly affirmed by the petitioner Sanjay Dhondiba Kale dated 10-08-2009 stating that he is ready and willing to pay the remaining loan amount of Rs. 1,27,404/- with interest within six months in four equal instalments. The first instalment is to be paid on 22-09-2009 and thereafter, in every consecutive 45 days the next instalment will be paid. Till the entire amount is paid, the petitioner undertakes that he will not create third party right, title and interest in respect of land Survey No. 4/3 situated at village Nimral, Tq.Akole, District Ahmednagar. 5. Said undertaking is taken on record. The petitioner is present in the Court and his undertaking is accepted. Learned Counsel appearing on behalf of respondent No. 3 also agrees that if the petitioner is ready and willing to pay the remaining loan amount within six months in four equal instalments, in that case, they have no objection. 4 6. Considering these facts and undertaking given by the petitioner, Writ Petition is disposed of, in following terms. (1) The petitioner accepts the liability of loan amount of Rs.1,27,404/- with interest as on 30-06-2009. (2) The petitioner undertakes to pay the said loan amount within six months in four equal instalments. The first instalment will be paid on 22-09-2009. (3) The petitioner is restrained by way of injunction from creating any third party right, title and interest in respect of land Survey No. 4/3 situated at village Nimral, Tq. Akole, District Ahmednagar till recovery of the entire amount, as stated in undertaking. Undertaking given by the petitioner is accepted. 5 7. Rule discharged. [ K.K. TATED, J.] sut/AUG09/wp1573.09