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HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Monica Sagar Kate & Anr – Appellant
Versus
The Joint Registrar – Respondent
| Table of Content |
|---|
| 1. challenge to orders regarding recovery certificates. (Para 1 , 2 , 3 , 4 , 5) |
| 2. procedural history of disputes in cooperative society. (Para 6 , 7 , 8 , 10) |
| 3. arguments regarding jurisdiction over recovery proceedings. (Para 11 , 12 , 13) |
| 4. nature of proceedings under section 101 of the act. (Para 14 , 15 , 19 , 21) |
| 5. registrar’s limitations in addressing disputes. (Para 20 , 24) |
| 6. court’s rejection of prior findings in recovery proceedings. (Para 22 , 23) |
| 7. final order allowing petitions against remand orders. (Para 25) |
JUDGMENT
1. These Petitions are filed challenging orders dated 31st December 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 Section 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
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