Sau. Deepa Chandrashekhar Shetty v. The Special Recovery Officer, Shahu Corner Nagari Sahakari Pat Sanstha Ltd. And ORS.

1 24.847.2017 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 847 OF 2017 Sau. Deepa Chandrashekhar Shetty .....Petitioner through Power of Attorney V/s.

The Special Recovery Officer and others .....Respondents Mr. V. B. Rajure for the Petitioner Mr. Pradeep D. Dalvi for respondent nos. 1 & 2 Mr. S. D. Rayrikar AGP for respondent no. 3 CORAM :

NITIN W. SAMBRE, J.

DATE :

JUNE 3, 2019.

P.C.

The recovery certificate issued under Section 101 of the Maharashtra Co­operative Societies Act, 1960 (Hereinafter referred to as 'the said Act') against the dead person appears to be subject matter of challenge in Revision Application No. 9 of 2015 before the Joint Registrar, Co­operative Societies under the provisions of Section 154 of the said Act.

2 24.847.2017 wp.doc The said Revision came to be dismissed on 05/05/2016 for non compliance of condition of mandatory deposit of 50% amount prescribed under sub­Section 2 of Section 154 of the said Act. The learned counsel for the petitioner has invited attention of this Court to the fact that the amount of Rs. 3,50,000/­ was deposited with the respondent­society through demand draft dated 22/06/2015 on 29/06/2016 i.e. after Revision came to be dismissed. According to him, since there is compliance of deposit, Revision be directed to be restored and be decided on merit. Per contra the learned counsel for the respondent invites attention of this Court to the fact that claim in the recovery certificate is already satisfied by the guarantor. Be that as it may, since the petitioner is questioning liability to repay the amount, having regard to the fact that the amount of Rs. 3,50,000/­ was deposited by the petitioners vide demand draft dated 22/06/2015 on 29/06/2015 with the respondent­society, it will be appropriate in my opinion to record satisfaction as regards

3 24.847.2017 wp.doc compliance of condition of deposit under sub­Section 2 of Section 154 of the said Act.

That being so, the order impugned dismissing the revision passed on 05/05/2016, in my opinion is not sustainable and is accordingly quashed and set aside.

Revision stood restored to file of Joint Registrar, Co­operative Socieites, Kolhapur before whom the parties agree to appear on 22/07/2019 at 11.00 a.m. As such, the issuance of notice to the parties to the said revision who have appeared before this Court is hereby dispensed with.

Revisional Authority is expected to decide the revision on its own merits without being influenced by the findings recorded herein above.

The petition stands partly allowed in the above terms. [NITIN W. SAMBRE, J.]