W.P. 5925/2010 1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 5925/2010 WITH WRIT PETITION NO. 5928/2010 WITH WRIT PETITION NO. 5929/2010 WITH WRIT PETITION NO. 5930/2010 WITH WRIT PETITION NO. 5931/2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : A.V. NIRGUDE, J. DATED : 11th April, 2011. Mr. A.G. Talhar, Advocate for the petitioners. Mr. V.B. Patil, Advocate for respondent sole. 1. Heard. 2 During the pendency of these disputes, the proceeding under section 101 of Maharashtra Co- operative Societies Act, 1960 came to an end resulting into issuance of certificates against the petitioners. This was brought to the notice of the Co-operative Court, raising objections to the jurisdiction of the Court. It was suggested to the trial Court that since recovery certificates under section 101 were issued against the petitioners, the Court would have no jurisdiction to try the dispute. This contention was accepted by the trial Court so also by the appellate Court. By filing the writ petition, the petitioners are W.P. 5925/2010 2 trying to suggest that by dismissing their disputes, their right to sue the society under section 91, is taken away permanently. This contention is rather erroneous. Admittedly, the proceedings under section 101 of Maharashtra Co-operative Societies Act, 1960, were initiated before filing of these disputes. It is also admitted fact that despite of opposition, the certificates under section 101 were issued against the petitioners. The petitioners have now an opportunity to file revisions under section 154 of Maharashtra Co- operative Societies Act, 1960. The petitioners are also aware that Chapter 8A, is added to the Maharashtra Co-operative Societies Rules, 1961, providing elaborate procedure required to be followed before issuance of recovery certificates under section 101 of the Maharashtra Co-operative Societies Act, 1960. On perusal of the rules, it is seen that the proceeding under section 101 of the Maharashtra Co- operative Societies Act, 1960, is a complete Code in itself. So, there was no possibility for the petitioners to re-agitate the case before the Co-operative Court. I find no error in the judgment of the Courts below. The petitions stand dismissed. [A.V. NIRGUDE, J.] ts k/2011/April11/wp5925.10