1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1252 OF 2008 Suruchi Coop.Housing Socy.Ltd. .. Petitioner Versus Divisional Joint Registrar, Coop.Societies Mumbai & Ors. .. Respondents Mr.S.M.Shetigar for petitioner Mr.A.M.Patne, A.G.P. for State Mr.Mahesh Vora- respondent No.3 in person CORAM : S.C.DHARMADHIKARI, J. DATE : 17th March 2008 P.C. . Respondent No.3 has been proceeded against by the petitioner society under section 2 101 of the Maharashtra Coop.Societies Act for non payment of taxes and monthly outgoings. Petitioner society was successful in getting a recovery certificate, which was challenged by respondent No.3 and the revision application has been allowed and matter remanded back to the Dy.Registrar. 2. The matter is pending before the Assistant Registrar and now the claim of the society is stated on affidavit. The claim is denied by respondent No.3. There is a recovery certificate which has been issued in favour of the petitioner society on 24th June 2005 and the amount mentioned in the said recovery certificate is Rs.20,646/- which includes interest. Now the matter is remitted back to the Dy.Registrar. Dy.Register’s order refers the amount as Rs.10,548/-. 3. In such circumstances, I indicated to 3 both sides that some amount would be deposited with the Society, which would be under protest and without prejudice and the society must also accept that in the same manner until the Dy.Registrar renders a decision afresh on remand. 4. Respondent No.3 is present in court and he argues his case in person. He states that he will forward a pay order in the name of society for Rs.11,000/- under protest and without prejudice to his rights within two weeks from today. That amount be accepted by the society without prejudice and receipt be issued in that behalf to him. Dy.Registrar to decide the matter afresh as per the directions of the Divisional Joint Registrar and as expeditiously as possible. Petition disposed of accordingly. No costs. (S.C.Dharmadhikari, J)