1 69 wp.2369.09 ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2369 OF 2009 Vasant Sudam Ghadge. ... Petitioner Versus Deccan Merchant Co-operative Bank Ltd and others. ... Respondents ----- Mr. S.M.Kamble for the Petitioner. Mr. Rajesh A. Takale for Respondent No.1. Mrs. M.S.Bane, AGP for Respondent Nos.2 and 4. ----- CORAM : A.S.OKA, J. DATE : 14 th October, 2011. P.C. 1 Heard the learned counsel appearing for the Petitioner, the learned counsel appearing for Respondent No.1 as well as the learned AGP appearing for Respondent Nos.2 and 4. 2 The petition was extensively heard on the earlier occasions. Briefly stated, the challenge in this petition is to the order passed by the Divisional Joint Registrar in the revision application filed 2 69 wp.2369.09 by the Petitioner. A recovery certificate under Section 101 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as “the said Act”) was issued on 6 th July, 2004 against the Petitioner and others. The recovery certificate was in the sum of Rs.6,54,771/- together with interest at the rate 14.5% per annum on the sum of Rs. 5,70,022/- from 1 st September, 2003 onwards. The recovery certificate was executed and in execution, the action of attachment was taken in respect of the premises of the Petitioner. A revision application was filed by the Petitioner before the Divisional Joint Registrar for challenging the recovery certificate. The revision application was rejected by the order impugned in this petition. 3 Various issues were raised in this petition. The main contention is that the Petitioner was not served with the notice of the proceedings of the application under Section 101 of the said Act on which the impugned recovery certificate was issued. The said contention was opposed by the learned counsel appearing for Respondent No.1 by pointing out the various averments made in the 3 69 wp.2369.09 pleadings. It is pointed out that the averments made by the Petitioner himself show that the notice was served. 4 On the last date, the learned counsel appearing for the Petitioner made a statement that the Petitioner is ready and willing to deposit the entire amount payable as of today under the impugned recovery certificate with the Respondent No.1 without prejudice to the rights and contentions of the Petitioner. He submitted that if the entire amount is deposited, the matter may be remitted to Assistant Registrar for holding a fresh inquiry on the application under Section 101 of the said Act. 5 If the entire amount due as of today, on the basis of the recovery certificate is received by the Respondent No.1 – Bank, then there will not be any prejudice to the Respondent No.1 if the Petitioner is heard on the application for recovery certificate under Section 101 of the said Act. The order of the Assistant Registrar records that the Petitioner did not appear before him to contest the application. The 4 69 wp.2369.09 learned counsel appearing for the Petitioner seeks time of four months to deposit the amount. He prays that the seal affixed on the portion of the premises on the first floor admeasuring 100 square feet in possession of the Petitioner be ordered to be removed. 6 As the entire amount is agreed to be deposited, the recovery certificate can be set aside. However, the removal of seal can be directed only after the Petitioner deposits a substantial amount. 7 While calculating the amount due and payable as of today, the Petitioner will be entitled to the credit of the amounts paid by him from time to time to the Respondent No.1 towards the satisfaction of the recovery certificate. 8 As order passed granting recovery certificate will stand set aside only after deposit of the entire amount, time of four months deserves to be granted to the Petitioner. 9 Hence, I pass the following order: 5 69 wp.2369.09 i. The statement made by the Petitioner through his counsel that he will deposit the entire amount due and payable as of today under the impugned recovery certificate with the Respondent No.1 within a period of four months from today is accepted ; ii. If the Petitioner deposits the entire amount due and payable as of today with the Respondent No. 1 within a period of four months from today, the recovery certificate issued by the Assistant Registrar on 6 th July, 2004 shall stand set aside and the application made by Respondent No.1 under Section 101 of the Maharashtra Co- operative Societies Act, 1960 shall stand restored ; iii. On compliance as aforesaid, the Assistant Registrar will grant a reasonable time to the Petitioner and to the other Opponents to file a reply to the application under Section 101 of the said Act ; iv. The application shall be disposed of afresh 6 69 wp.2369.09 expeditiously. The Assistant Registrar shall make an endeavour to dispose of the application within a period of six months from the date on which the entire balance amount is paid by the Petitioner ; v. The Petitioner will be entitled to adjustment of the amounts, if any, paid by him to the Respondent No.1 towards the satisfaction of the impugned recovery certificate including the amount paid, if any, as per the Section 154 (2-A) of the said Act ; vi. If the Petitioner deposits with the Respondent No.1 50% of the amount due and payable as of today under the impugned recovery certificate, within a period of two months from today, the Respondent Nos.1 and 2 shall remove the seal on the premises on the first floor referred to in the order of this Court dated 16 th October, 2009 ; vii. If the Petitioner fails to deposit the entire amount within a period of four months from today, the recovery certificate shall be operative and it will 7 69 wp.2369.09 be open for the Respondent Nos.1 and 2 to execute the recovery certificate by taking all steps including re-sealing the premises on the first floor and on the ground floor ; viii. It is made clear that the order issuing recovery certificate will stand set aside only after the Petitioner deposits the entire amount as aforesaid with the Respondent No.1 within a period of four months from today ; ix. If the deposit is not made within the stipulated time, the impugned recovery certificate and the impugned order will stand confirmed ; x. It is recorded here that the Petitioner is personally present in the Court and in his presence this order is passed ; and xi. The petition is disposed of on above terms with no order as to costs. [ A.S.OKA, J ]