skt/- 1 52.wp.2076.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2076 OF 2010 Samata Sahakari Bank Ltd. ... Petitioner Vs. Divisional Joint Registrar Co-operative Societies, Mumbai Division ... Respondent ...... Mr.Dr.M.Shah Alam Khan for the petitioner. Mr.S.N.Bhosale, AGP for respondent nos. 1 & 2; Mr.Ashish Mehta i/by Chacko Joseph for respondent no.4. ...... CORAM : R.C.CHAVAN, J. DATE : 3RD MAY, 2010. P.C. 1. Rule. By consent made returnable forthwith. 2. This is the petition by the Cooperative Bank directed against the order passed by the Divisional Joint Registrar Co-operative Societies, Mumbai in the revision preferred by one Aftab Anis Hudda. The petitioner Bank has to recover certain sums of money from Mrs.Shirin A. Hudda, mother of the the applicant and other judgment debtors and had initiated the said recovery proceeding. Thereafter, Aftab Hudda’s mother gifted skt/- 2 52.wp.2076.10.sxw the property to Aftab after issuance of recovery certificate. The Special Recovery Officer considered the application of Aftab Anis Hudda and rejected it by an order dated 15th April 2009. This order was challenged by preferring the revision application before the Divisional Joint Registrar. By his impugned order, the Divisional Joint Registrar admitted the revision application and granted stay to the execution of the impugned order dated 15th April 2009. 3. The learned counsel for the petitioner submitted that before the Divisional Joint Registrar the petitioner- Bank had stated that the case may be remitted back to the Special Recovery Officer who would re-decide the matter. The learned counsel for respondent no.4, on whose application the impugned order was passed, stated that his client has no objection if the matter is remitted back to the Special Recovery Officer. 4. In view of this, the petition is disposed of setting aide the order passed by the Special Recovery Officer on 15th April 2009 and directing the Special Recovery Officer to decide the application of respondent no.4 i.e. Aftab Anis Hudda afresh after giving a skt/- 3 52.wp.2076.10.sxw fair opportunity to all the parties to put up their respective cases before him and after giving reasons for whatever conclusions he draws. The revision application before the Divisional Joint Registrar bearing Revision Application No. 367 of 2007 stands allowed and disposed of. Rule is made absolute in the above terms. [ R.C.CHAVAN, J. ]