Bajirao Budhaji Shinde v. The Divisional Joint Registrar Co Operative Societies Nashik And Another
wp3809.19 (1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 3809 OF 2019 Bajirao Budhaji Shinde Age:58 yrs. Occu.Business R/o Shivkrupa Bungalow Ambika Nagar, Kedgaon Tq. & Dist. Ahmednagar ..PETITIONER
VERSUS
1.
The Divisional Joint Registrar Co-operative Societies Nasik Division, Nasik.
2.
The Special Recovery & Sales Officer Vaidyanath Urban Co-operative Bank Ltd. Parli Vaijnath Branch Patvardhan Chowk Ahmednagar, Tq. & Dist. Ahmednagar ..RESPONDENTS Mr A. S. More, Advocate for petitioner;
Mrs M. A. Deshpande , A.G.P. for respondent No.1 CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.
DATE : 19th March, 2019 ORAL ORDER:
Heard learned Counsel, appearing on behalf of the petitioner. 2.
In view of the facts submitted before us, on the basis of documents placed on record as well as oral submissions, namely, the petitioner is guarantor and a recovery certificate was issued against the borrower for
wp3809.19 (2) recovery of amount to the tune of Rs.22,11,073/- and the petitioner in challenge to the orders passed by the authority submitted a revision application to the Divisional Joint Registrar, Co-operative Societies, Nashik along with an application for grant of interim orders and the application as well as the revision is pending before the authority till filing of the petition and the petitioner is submitting an undertaking before this Court that he would deposit an amount to the tune of Rs.22,11,073/-, which is referred to in the possession notice dated 2nd March, 2019, within four weeks from today, the petition is disposed of with directions to respondent No.1 Divisional Joint Registrar, Co-operative Societies, to decide the revision as expeditiously as possible.
3.
We further make it clear that in case the petitioner fails to deposit the amount to the tune of Rs.22,11,073/- within four week from today, respondent No.1 may pass appropriate orders on the back drop of this fact itself, including dismissal of the revision.
Respondent Nos. 1 and 2 are directed not to take coercive action in furtherance of possession notice dated 2nd March, 2019, for a period of four weeks from today.
(NITIN W. SAMBRE, J.) (PRASANNA B. VARALE, J.) amj