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2023 Supreme(Online)(Bom) 2715

HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Monica Sagar Kate & Anr – Appellant
Versus
The Joint Registrar – Respondent


Advocates:
For the Appellants/Petitioners: Tushal Sonawane, Pooja Satpute
For the Respondents: S.D. Rayrikar, AGP, G.S. Godbole, Manjiri Parasnis

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 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 m

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