:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7432 OF 2007 Ashta Lokmanya Nagari Sahakari Patsanstha Mydt. ..Petitioner Vs. Shri Tatyasaheb Shantgonda Patil and ors. ..Respondents Mr. A.B. Vagyani for petitioner. Mr. Umesh Mankapure for respondent no.1. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : June 04, 2008. Date : June 04, 2008. Date : June 04, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Vagyani the learned counsel for the petitioner. The petitioner - Credit Co-operative Society is aggrieved by the order dated 24/8/2007 passed by the Maharashtra State Co-operative Appellate Court thereby partly allowing the petitioner’s appeal directed against the order passed by the Co-operative Court at Sangli on 3/12/2005 in ABN Case No. 506 of 1997. The recovery certificate was issued in favour of the petitioner-society under Section 101 of the Maharashtra Co-operative Societies Act, 1960 and the :2: said certificate came to be challenged by the borrower as well as one of the guarantors. While allowing the dispute partly, the Co-operative Court directed that the borrower and two guarantors shall jointly and severally pay an amount of Rs.1,00,000/- with interest at 20% per annum with effect from 11/3/1993 to the petitioner-society. The said amount was directed to be paid by the borrower at the first instance in quarterly instalment of Rs.15,000/- with the first instalment payable on or before 2/1/2006. In case the borrower failed to pay any two consecutive instalments, the petitioner-society was granted liberty to recover the dues in lumpsum. The petitioner was not happy with this order and, therefore, had filed Appeal No. 18 of 2006 before the Appellate Court. The appeal has been partly allowed by modifying the order passed by the Co-operative Court. The instalment amount fixed at Rs.15,000/- has been raised to Rs.20,000/- and an additional interest has been directed to be paid at 20% per annum over and above the interest that was directed to be paid from 11/3/1993. :3: 2. Mr. Mankapure the learned counsel for the borrower, on instructions, states that by now the borrower has paid six instalments of Rs.15,000/- as per the order passed by the Co-operative Court and three instalments of Rs.20,000/- as per the modified order passed by the Appellate Court, thus the total amount of Rs.1,50,000/- in addition to the earlier amount of Rs.80,000/-. 3. The view taken by the Lower Appellate Court in modifying the order passed by the Co-operative Court cannot be termed as perverse or grossly erroneous so as to cause interference under Article 227 of the Constitution. 4. Hence, the petition is rejected summarily. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)