✦ Bombay High Court

Shri Raghavji N.Gala & Ors. v. The Asstt.Registrar

Case at a glance

Outcome

Disposed of

petitions are disposed of

Key paragraphs

  • Para 22. In so far as the objection to the second recovery certificate is concerned, needless to state that all objections to issuance of the same are kept open for being raised before the concerned Assistant Registrar. The second recovery certificate is not issued as yet.…

Judgment

Shri Sanjeev P.Kadam for petitioners Shri S.K.Jain i/b Shri M.D.Mali for respondent no.2 Shri V.S.Mhaispurar, A.G.P. for respondent nos.1 and 3. CORAM: S.C.DHARMADHIARI J. CORAM: S.C.DHARMADHIARI J. CORAM: S.C.DHARMADHIARI J. 7th December,2007 7th December,2007 7th December,2007 P.C.P.C. P.C.

#1. In so far as the present revision application is concerned, Shri Kadam states that the petitioners have already allowed the Bank to appropriate and adjust the sum of Rs.7,00,000/- from the savings account for meeting the requirement contemplated by section 154(2A) of the Maharashtra Cooperative Societies Act, 1960. Shri Jain submits that the recovery certificate and dues thereunder are Rs.23,00,000/- on the date of filing of the revision application. Shri Kadam states that deficit, if any, would be made good within a period of four weeks from today.

#2. In so far as the objection to the second recovery certificate is concerned, needless to state that all objections to issuance of the same are kept open for being raised before the concerned Assistant Registrar. The second recovery certificate is not issued as yet. Therefore, the petitioners can very well urge before the Asstt. Registrar that he must await the decision of the Joint Registrar on the revision application with regard to the first recovery certificate and only then proceed further. Such objections, if raised, may be dealt with in accordance with law. The petitions are disposed of. Objections, if not already raised, must be raised within a period of 15 days from today making appropriate application. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: petitions are disposed of

Which statutory provisions did this judgment involve?

Code of Civil Procedure, 1908; Maharashtra Cooperative Societies Act, 1960 — s. 154(2A).

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Bombay High Court or eCourts case status (search case no. Writ Petition No. 2563 of 2007). ← Search more judgments