IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5011 OF 2007 WRIT PETITION NO.5011 OF 2007 WRIT PETITION NO.5011 OF 2007 Baban Maruti Yesne ..Petitioner. V/s. State of Maharashtra & Ors. ..Respondents. Dr.M.Shah Alam KLhan for petitioner. Mr.A.I.Patel, A.G.P. for State. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. CORAM : J.P.DEVADHAR, J. DATED : 20TH FEBRUARY, 2008. DATED : 20TH FEBRUARY, 2008. DATED : 20TH FEBRUARY, 2008. P.C. :- P.C. :- P.C. :- 1. This Writ Petition is filed to challenge the order dated 26th October, 2006 passed by the Divisional Joint Registrar, Co-operative Societies, Mumbai. 2. In the present case, the Assistant Registrar, Co-operative Societies, Mumbai had issued a recovery certificate on 18th March, 2003, against the petitioner for a sum of Rs.35,302/- under section 101 of the Maharashtra Co-operative Societies Act, 1960. Challenging the said order, the petitioner had filed a Revision Application before the Divisional Joint Registrar, Co-operative Societies, Mumbai inter alia contending that the recovery certificate was invalid as the same was issued based on fraudulent documents. By the impugned order dated 26th October, 2006, the learned Divisional Joint Registrar Co-operative Societies, Mumbai dismissed the Revision application by holding that the petitioner is at liberty to approach the Special Recovery Officer under - = : 2 : = - Rule 107 of the Maharashtra Co-operative Societies Rules, 1961. Challenging the aforesaid order, the present petition is filed. 3. It is contended by the learned counsel appearing for the petitioner that under section 154 of the Maharashtra Co-operative Societies Act, 1960 the petitioner has a remedy of filing Revision application and the Divisional Joint Registrar was not justified in directing the petitioner to approach the Special Recovery Officer under Rule 107 of the Maharashtra Co-operative Societies Rules, 1961. It is contended that Rule 107 of the Maharashtra Co-operative Societies Rules has no application in the present case. 4. I do not find any merit in the above contentions. Whether the Recovery Certificate is issued based on fraudulent documents and whether the amount quantified therein is proper or not could be agitated before the Special Recovery Officer under Rule 107 of the Maharashtra Co-operative Societies Rules, 1961. The issue as to whether the documents were fraudulent or not was not considered by the authority issuing the recovery certificate. Hence the impugned order cannot be said to be erroneous or contrary to law. In this view of the matter, I see no merit in the present petition and the same is hereby dismissed with no order as to costs. (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) (J.P.DEVADHAR, J.) - = : 3 : = -