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2009 Supreme(Bom) 473

S.J.VAZIFDAR
Abhyudaya Cooperative Bank Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:For the Petitioner:Vishal Ghosalkar, Advocate. For the Respondents:R1 & R3, Milind More, A.G.P., R4, R6 & R7, M.C. Shah with Satyajeet Mirajkar, R5, A.P. Vanarse, Advocates.

JUDGMENT :

Oral Judgment:

1. In 1964 the petitioner wasregistered under the Maharashtra Co-Operative Societies Act, 1960 (MCS Act). On 11.1.2007 the petitioner was converted into a multi State cooperative society.

Respondent nos. 2 and 3 are the Assistant Registrar cooperative societies and the Divisional Joint Registrar cooperative societies respectively under the MCS Act.

Respondent no.4, Mrs.Seema Ramesh Gharage is the principal debtor who had availed of facilities from the petitioner. Original respondent no.5 and respondent nos.6 and 7 are sureties in respect of the loan advanced by the petitioner to respondent no 4. Respondent nos. 5(a) to (d) are the heirs of original respondent no.5.

2. By an order dated 11.7.2006 the Assistant Registrar Cooperative Societies, respondent no.2 dismissed the petitioners application for a recovery certificate under section 101 of the MCS Act. The Petitioner challenged this order by filing a revision application under section 154 of the MCS Act. This application was rejected by the impugned order. By the impugned order dated 14.8.2008 the Divisional Joint Registrar, respondent no. 3 held that he is not empowered to entertain and decide matters









































































































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