Letters Patent Appeal No. 149 of 2010 · Bombay High Court · 2011

Mr. P.R. Patil, Advocate for the appellant. Mr. D.R. Kale, AGP for respondent Nos. 1 and 2 Mr. A.J. Deshmukh, Advocate for respondent No.3. CORAM :- D.B. BHOSALE & R.M. BORDE, JJ. DATE :- 1st FEBRUARY, 2011. PER COURT :- 1] 2] Heard learned counsel for the parties. This LPA impugns the judgment and order dated 12/3/2010 passed in W.P. No. 6315/2008. Writ petition was directed against the Recovery Certificate dated 10/12/2007, issued by the respondent - Deputy Registrar, Cooperative Societies, under Section 101 of the Maharashtra Cooperative Societies Act, 1960 ( for short, “the Act”) and the order passed by the revisional authority, whereby, the revision application was not entertained without payment of 50% of the amount due as on the date of the application, as contemplated by Section 154(2-A) of the Act. 3] Learned counsel for the appellant, at the outset, FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 149 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders.

2 invited our attention to Section 101 of the Act and submitted that the appellant being a guarantor/surety is not covered by the provisions of Section 101 of the Act and as such, a certificate under this provision cannot be issued against him. The very same argument was advanced before the learned Single Judge in the writ petition. In para.7 of the impugned judgment, the learned Single Judge after considering the provisions of Section 101 has rightly held that the principal borrower and the surety/guarantor are jointly and severally liable to pay the amount, which is found due, to the credit society. It appears that the appellant had become member of the society and in view thereof, the learned Single Judge has observed that the Recovery Certificate can be issued against any member of the society, for recovery of loan advanced by the society. We do not find any merit in the contentions urged by learned counsel for the appellant.

4] Learned counsel for the appellant then submitted that the certificate dated 10/12/207, does not give any reasons as contemplated under Rule 86(f) of the Maharashtra Cooperative Societies Rules, 1961. We have perused the certificate. Having regard to the facts and circumstances of the case, we do not find substance in this submission also. That apart, as observed by the learned single Judge while disposing of the writ petition, it is FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 149 OF 2010 Office Notes, Office Memoranda of Coram appearances, Court's Orders Court's or Judge's orders or directions and Registrar's orders. 3 open to the appellant to file revision application under Section 154 (2-A) of the Act, and raise all these contentions before the revisional authority, after satisfying the requirement of deposit of the amount, as contemplated by the said provision. 5] We find no merit in the LPA and hence, the same is dismissed. [R.M. BORDE, J.] [D.B. BHOSALE, J.] grt/-