R.K. Deshpande, J.

1. In exercise of powers conferred under section 105(1) of the Maharashtra Co-operative Societies Act read with Rule 89(14) of the Rules, a certificate for recovery has been issued for an amount of ` 9,76,506.85, in both these writ petitions. This is the subject-matter of challenge in these writ petitions. An appeal under section 152 of the Maharashtra Cooperative Societies was preferred and it has been dismissed by an order dated 21-7-2006. Hence, both these writ petitions are preferred. Section 105 of the Maharashtra Co-operative Societies Act confers power upon the liquidator to determine the debts due from the members of the society. Under Rule 89(14) the liquidator cannot exercise such power without approval of the Registrar. It is thus, apparent that the power of the liquidator under section 105(1)(h) is in respect of debts dues from the members of the society. If a person is not a member of society, then such power cannot be exercised. If a person is a member of society then prior approval of the Registrar is required.

2. There is no adjudication as to whether the petitioner was a member of the society and even if he is a member of the society there