Vilas Dattatray Phalke v. District Deputy Registrar Cooperative Societies And ORS

Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14771 OF 2023 Vilas Dattatraya Phalke .Petitioner Vs.

The District Deputy Registrar, Mumbai & ors.

.Respondents Mr. Shripad P. Hushing, Advocate, for the Petitioner Ms. Shakuntala Shetty i/b. M/s. Satpute & Shetty Associates, Advocate, for Respondent No. 3 Mr. S. D. Rayrikar, AGP, for Respondent Nos. 1, 2, 4, 5, 6 & 11 - State

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

12.12.2023 P. C.

1.

Heard Mr. Hushing, learned counsel appearing for the Petitioner, Ms. Shetty, learned counsel appearing for Respondent No. 3 & Mr. Rayrikar, learned AGP appearing for Respondent Nos. 1, 2, 4, 5, 6 & 11 - State.

2.

By the impugned order dated 17.10.2023, the Revision Application fled by the Petitioner has been dismissed on the ground that the Petitioner has not deposited 50% of the recoverable dues of the Society in accordance with the Recovery Certifcate, as contemplated under Section 154(2Al of the Maharashtra Co-operative Societies Act, 1960 (hereinafter

referred to as 'MCS Act'l.

3.

Ms. Shetty submitted that as per the Recovery Certifcate, the total recoverable dues as on 16.02.2023 are Rs. 64,36,863/- and 50% of the same is Rs. 32,18,432/-. It is an admitted position that the Petitioner has deposited Rs. 26,08,140/- on 16.02.2023, Rs. 4,00,000/- on 28.04.2023, Rs. 2,40,000/- on 02.05.2023 as well as an amount of Rs. 5,00,000/- on 28.11.2023. Thus, the Petitioner has deposited with the Respondent No. 3 - Credit Society an aggregate amount of Rs. 37,48,140/- which is more than mandatory requirement of deposit of 50%.

4.

Thus, it is clear that the Petitioner has complied with the mandatory requirement of Sub Section 2(Al of Section 154 of the MCS Act.

5.

Accordingly, the impugned order dated 17.10.2023 is quashed & set aside. The Revision Application which the Petitioner has fled challenging the Recovery Certifcate dated 21.11.2019 is restored to the fle of the District Deputy Registrar, Co-operative Societies, Mumbai i. e. Respondent No. 1.

6.

It is clarifed that this Court has not considered the merits and all the contentions on merits are expressly kept open. 7.

As Recovery Certifcate is of the year 2019, the District Deputy Registrar, Co-operative Societies, Mumbai is requested to decide the Revision Application as expeditiously as possible on or before 30.04.2024. Both the parties to appear before the District Deputy Registrar, Co-operative Societies on 15.01.2024 at 11.00 a. m..

8.

The Writ Petition is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.l