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2011 Supreme(Bom) 1285

A.S.OKA
Chhatrapati Sambhaji Maharaj Sahakari Patsanstha Maryadit – Appellant
Versus
Assistant Registrar of Co-operative Societies – Respondent


Advocates Appeared:
For the Petitioner:A.J. Kenjale, Advocate.
For the Respondents: Mrs. P.S. Cardozo, AGP.

Judgment :

1. Heard learned counsel appearing for the Petitioner and the learned AGP for the Respondents.

2. On 22nd August, 2011, the notice for final disposal of this Petition was issued.

3. The controversy involved in this Petition is very narrow. The Petitioner is a Credit Society duly registered under the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as “the said Act”). A Recovery Certificate under Section 101 of the said Act was obtained by the Petitioner against a borrower. The property of the defaulter was attached in execution of the Recovery Certificate. On 26th October, 2009, the first Respondent the Assistant Registrar of the Cooperative Societies passed an order under Section 100 of the said Act read with Rule 85(5) of the Maharashtra Cooperative Societies Rules, 1961 ( hereinafter referred to as “the said Rules”) by which the first Respondent transferred the attached property to the Petitioner.

4. By the impugned order dated 9th November, 2011, the Collector, Satara passed an order in purported exercise of powers under Section 100 of the said Act by which he directed that the Assistant Registrar of the Cooperative Societies shall execute a regi





















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