Kishor Ganpatrao Chavan v. The Divisional Joint Registrar And Others

2025:BHC-AUG:35270 1 929.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 WRIT PETITION NO. 1828 OF 2022 KISHOR GANPATRAO CHAVAN

VERSUS

THE DIVISIONAL JOINT REGISTRAR AND OTHERS ...

Advocate for the Petitioner : Mr. S.T. Jadhav h/f.Mr. Kale Virendra B Advocate for Respondent No.3 : Mr. Suryawanshi Prashant D. ...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATE : 11.12.2025 PER COURT :

.

Heard learned counsel for respective sides.

2.

By way of present petition, the petitioner is challenging the recovery certificate dated 31.03.2012 passed by the Deputy Registrar, Co-operative Societies, Aurangabad in Application No.225 of 2011 and the order dated 06.09.2021 passed by the Divisional Joint Registrar, Co-operative Societies, Aurangabad in Application No.58 of 2020 whereby, the appeal filed by the petitioner was not entertained on the ground that the petitioner has not deposited 50% of the amount of the recovery certificate as per the recovery certificate as per Section 154(2A)of the Maharashtra Co-operative Societies Act, 1960 (for short 'the Act').

3.

I have gone through the recovery certificate dated 31.03.2012 and the order passed by Divisional Joint Registrar. Admittedly, the petitioner has not deposited the amount and therefore, the appeal

2 929.doc came to be dismissed. It is clear that the statutory provision is not complied with and therefore, I do not find any reason to interfere with the recovery certificate dated 31.03.2012 passed by the Deputy Registrar, Co-operative Societies, Aurangabad in Application No.225 of 2011 and the order dated 06.09.2021 passed by the Divisional Joint Registrar, Co-operative Societies, Aurangabad in Application No.58 of 2020 under Article 227 of the Constitution of India. 4.

In view thereof, the Writ Petition is dismissed. No order as to costs.

5.

However, the petitioner is at liberty to take recourse under Section 91 of the Act.

( SIDDHESHWAR S. THOMBRE, J.) vsj..