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2005 Supreme(Bom) 1500

IN THE HIGH COURT OF BOMBAY
Dilawar Hakim Shah
Versus
Special Recovery Officer, Chiplun Urban cooperative Bank Ltd
Decided On : (October 25, 2005) 2005

Headnote:Maharashtra Co-operative Societies Act, 1960 - Section 154(2-A) - Revision - Bar of sub-section (2-A) of Section 154 applies to the entertainment of revision unless the applicant deposits 50% of the total amount of recoverable dues - Bar not applicable for consideration of application for condonation of delay - It cannot be said that revision is entertained unless the delay in filing it is condoned and by making out sufficient cause. - Sub-section (2-A) of Section 154 of the Maharashtra Co-operative Societies Act bars an application for revision from being "entertained" by the Registrar unless the applicant deposits 50% amount of the total amount of recoverable dues. The section does not bar the Registrar from considering the application for condonation of delay which precedes the entertainment of a revision unless the applicant deposits with the concerned society, 50% amount of the total amount of recoverable dues. In fact, as is clear from sub-section (3), the Legislature has prohibited the Registrar from entertaining a revision if it is made after two months from the date of communication of the decision or order. That sub-section also empowers the Registrar to "entertain" any such revision application made after the period if the applicant satisfies the Registrar that he had sufficient cause for not making the application within such period. Sub-section (3), therefore, clearly contemplates that the Registrar can entertain a "revision application" after the period of limitation, only if he is satisfied that the applicant had sufficient cause for not making the application within such period. The bar of sub-section (2-A) applied to the entertainment of a revision unless the applicant deposits 50% of the total amount of recoverable dues. It cannot be said that the revision is entertained unless the delay in filing it is condoned and by making out sufficient cause. AIR 1968 SC 488; AIR 1970 SC 1384 - Referred.

Judgment

( 1 ) RULE, returnable forthwith. The learned counsel for the respective respondents waive service of rule. Heard by consent.

( 2 ) THE petitioner has challenged the order dated 22. 2. 2005 passed by the Divisional Joint Registrar, co-operative societies, Konkan Division, refusing to accept his revision application on the ground that he has not deposited 50% amount of the total amount of recoverable dues as required under section 154 (2a) of the maharashtra Co-operative Societies Act, 1960, hereinafter referred to as the "act". Admittedly, the recovery certificate was issued on 30. 8. 2003 and the petitioner filed the revision on 22. 2. 2005. This application for revision was made after the period of limitation of two months had expired. The petitioner, therefore, applied for condonation of delay.

( 3 ) WITHOUT considering the application for condonation of delay, the Divisional Joint Registrar has rejected the petitioners revision on the ground that he has not deposited 50% amount of the total amount of recoverable dues as required by section 154 (2a) of the Act. There is no dispute that this deposit is mandatory.

( 4 ) THE question that arises for consideration is whether the bar of sub-section (2a) that no application for revision shall be entertained against the recovery certificate unless the applicant deposits with the concerned society, 50% amount of the total amount of recoverable dues applies even for considering the application for condonation of delay for such revision. Section 154 reads as follows:- "154. Revisionary powers of State Government and Registrar.--The State Government or the registrar, suo motu or on an application, may call for and examine the record of any inquiry or proceedings of any matter, other than those referred to in sub-section (9) of section 149, where any decision or order has been passed by any subordinate officer, and no appeal lies against such decision or order, for the purpose of satisfying themselves as to the legality or propriety of any such decision or order, and as to the regularity of such proceedings, if in any case, it appears to the state Government, or the Registrar, that any decision or order so called for should be modified, annulled or reversed, the State government or the Registrar, as the case may be, may, after giving the person affected thereby an opportunity of being heard, pass such orders thereon as to it or him may seem just. (2) Under this section, the revision shall lie to the State Government if the decision or order is passed by the Registrar, the additional Registrar or a Joint Registrar, and to the Registrar if passed by any other officer. (2a) No application for revision shall be entertained against the recovery certificate issued by the Registrar under section 101 unless the applicant deposits with the concerned society, fifty percent, amount of the total amount of recoverable dues. (3) No application for revision shall be entertained, if made after two months of the date of communication of the decision or order. The revisional authority may entertain any such application made after such period, if the applicant satisfies it that he had sufficient cause for not making the application within such period. (4) The State Government may, by order, direct that the powers conferred on it by this section shall, in such circumstances and under such conditions if any, as may be specified in the direction, be exercised also by an officer of the rank of Secretary to Government. "

( 5 ) WE are concerned here with sub-sections (2a) and (3 ). On a plain reading of sub-section (2a), it is clear that it bars an application for revision from being "entertained" by the Registrar unless the applicant deposits 50% amount of the total amount of recoverable dues. The section does not bar the Registrar from considering the application for condonation of delay which precedes the entertainment of a revision unless the applicant deposits with the concerned society, 50% amount



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