K.K.TATED, NARESH H.PATIL
Sundeep Polymers Pvt. Ltd. – Appellant
Versus
State of Maharashtra – Respondent
2. With the consent of respective counsel of the parties, this matter is taken up for final hearing at the admission stage.
3. By this Letters Patent Appeal, the appellants-Original petitioners are assailing order dated 13th February, 2009. passed by the learned Single Judge, dismissing the Writ Petition No. 2490 of 2008.
4. It is the contention of the appellants that in the proceedings initiated under section 101 of he Maharashtra Co-Operative Societies Act, 1960 Hereinafter referred to as "Said Act"), Recovery certificate has been issued against' them for recovery of Rs. 1,14.00.000/- (Rupees One Crore Fourteen Lakhs) along with interest.
5. It is the case of the appellants that respondent No.4 issued ex-parte recovery Certificate dated 19th December. 2007 under section 101 of the said Act, in Application No.1497 of 2007. They preferred an application on 26th December, 2007 for setting aside ex-parte Recovery Certificate issued under Section 101 of the said Act, under Order 9, Rule 13 of the Code of Civil Procedure. He submits that without giving any opportunity of hearing, respondent No.4 Recovery Officer confirmed an order dated 19th December, 2007 under sec
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