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2021 Supreme(Bom) 1095

N.J.JAMADAR
Arjun Fakira Bari – Appellant
Versus
Divisional Joint Registrar, Co-operative Societies – Respondent


Advocates appeared:
Subodh P Shah, Advocate, G.O. Wattamwar, Advocate, V.D. Hon, Advocate, Abasaheb Shinde, Advocate

JUDGMENT

 

N J Jamadar, J. - Rule. Rule made returnable forthwith and with the consent of the counsels for the parties, heard fnally at the stage of admission.

2. The challenge in this petition is to the judgment and order dated 12th April 2019 in Revision Application No.NIL/2011 passed by Divisional Joint Registrar, Co-operative Societies, Nashik, whereby the revision application preferred by the petitioner assailing the legality, propriety and correctness of the recovery certificate issued under section 101 of the Maharashtra Co-operative Societies Act, 1961 ('The Act, 1961') and the steps taken by respondent No.3-Society and respondent No.4, the Recovery Officer, to recover the amount thereunder, culminating in the order of confirmation of sale dated 31st March 2012 of agricultural land bearing Gat No. 49, ('the subject land') in favour of respondent Nos. 8 and 9-the Auction Purchasers, came to be dismissed.

3. The background facts leading to this petition can be summarized as under :-

(a) The petitioner had availed a loan of Rs.75,000/- from Purnavad Nagari Sahakari Patsanstha, Maryadit, Shirsoli - respondent No.3-Society. The loan was advanced on the terms and conditions incorpora

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