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2002 Supreme(Bom) 693

A.M.KHANWILKAR
Kedarling Vikas Seva Scy. Ltd – Appellant
Versus
Dinkar Bhimrao Raut & others – Respondent


JUDGMENT - KHANWILKAR A.M., J.:---Both these writ petitions can be disposed of together by a common order, for the question involved is common. The petitioner in both these petitions initiated action against the respondent No. 1 in the respective petitions for recovery of certain amounts due to it; And after following due procedure obtained recovery certificate under section 101 of Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the said Act). By virtue of section 101 of the Act, the society became entitled to recover the amounts certified therein. That certificate was however, challenged by the respondent No. 1 in both the petitions, by way of statutory revision before the Divisional Joint Registrar. The Divisional Joint Registrar rejected the said revisions and opined that on verifying the papers it is seen that the Assistant Registrar had followed the necessary procedure and that the contention raised before him that the subject loans were Benami and were not genuine document could not be gone into in the revision proceedings. The revisional authority then observed that the respondent No. 1 in the respective cases if so advised could file appropriate pro








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