1 CA 12252.2011 in W.P. 5472.2011 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 12252 OF 2011 IN WRIT PETITION NO. 5472 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders CORAM : S.V. GANGAPURWALA, J. DATE :14/10/2011 PER COURT : 1. This is an application for withdrawal of amount. The present non applicant impugns the recovery certificate issued against him. The recovery certificate issued in the year 2006 is for the amount of Rs. 2,29,000/- with further interest. 2. Mr. Sonawane, the learned counsel for the non applicant submits that out of Rs. 2,00,000/-, the non applicant had deposited an amount of Rs. 1,88,000/- and the loan in question is the agricultural loan. Even as per the principle embodied in Section 44-A of the Maharashtra Co-operative Societies Act, the applicant can not recover 2 CA 12252.2011 in W.P. 5472.2011 more than double the amount. 3. The applicant is a Co-operative bank. The relationship between the parties that of creditor and borrower is not disputed. The availment of the loan is not disputed. Even otherwise, the recovery certificate is of the year 2006. The amount of which the withdrawal is sought is only Rs. 2,00,000/-. I do not see any impediment to allow the application. 4. In view of the above, the Civil Application is allowed in terms of prayer clause ‘ B ’. No costs. [ S.V. GANGAPURWALA, J.] KNP/CA 12252.2011 in W.P. 5472.2011 3 CA 12252.2011 in W.P. 5472.2011