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2023 Supreme(Bom) 2189

SANDEEP V. MARNE
Monica Sagar Kate – Appellant
Versus
Joint Registrar Cooperative Societies – Respondent


Advocates appeared:
Tushal Sonawane, Advocate, Pooja Satpute, Advocate, S.D.Rayrikar, Advocate, G.S.Godbole, Advocate, Manjiri Parasnis, Advocate

JUDGMENT/ORDER

1. These Petitions are filed challenging orders dtd. 31/12/2021 passed by the Divisional Joint Registrar allowing Revision Applications filed by Respondent Credit Society and remanding the proceedings before the Assistant Registrar for a fresh decision. The Assistant Registrar had rejected proceedings filed by Respondent-Credit Society for issuance of recovery certificate under Sec. 101 of the Maharashtra Co-operative Societies Act 1960 (Act of 1960).

2. Petitioners are borrowers who have availed credit facilities from Respondent No.3-Credit Society. They claim that the entire amount due under said Credit facilities have been repaid by them with interest, on account of which the Credit Society issued various 'No Dues Certificates' to Petitioners. It is further contended that after issuance of 'No Dues Certificates', the Respondent-Credit Society executed Release Deeds in their favour. Facts in all the Petitions are similar. For brevity, facts in Writ Petition No.8440/2022 are narrated as follows.

3. Chatrapati Sambhaji Maharaj Sahakari Patsanstha, Baramati (Respondent No.3) is a Credit Society registered under the provisions of the Act of 1960. Petitioners are members

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