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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.2772 OF 2021

Shaikh Irfan Isakoddin,

Age : 37 years,

Occupation : Business,

R/o Khadkeshwar,

Tq. & Dist.Aurangabad.

...PETITIONER

-VERSUS-

1.

Tasneem Kausar Shaikh Hamad,

Age : Major, Occupation : Household,

R/o House No.3/2/17, Barudgarnala,

Opp.l Talat High School, City Chowk,

Aurangabad.

2.

Adarsh Mahila Nagari Sahakari Bank Ltd.,

Opposite JNEC College, N-6, Cidco,

Aurangabad.

Through it’s Branch Manager.

3.

Sayyad Shouket Sayyad Subedar,

Age : Major, Occu : Business,

R/o Khodegaon,

Tq. & Dist. Aurangabad.

4.

Special Recovery Officer,

Adarsha Mahila Nagari Sahakari Bank Ltd.,

Opposite JNEC College, N-6, CIDCO,

Aurangabad.

5.

Divisional Joint Registrar,

Cooperative Societies,

Aurangabad,

Tq. & Dist.Aurangabad.

...RESPONDENTS

...

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Advocate for the Petitioner : Salunke V.d.

Advocate for Respondents 1 and 3 : Shri B.N. Patil h/f Shri R.N. Kolekar

AGP for Respondents 2, 4 and 5 : Shri Kiran B. Jadhavar

...

CORAM: SMT. BHARATI H. DANGRE, J.

DATE :- 05^th January, 2022

ORAL JUDGMENT :

1.

Heard the learned counsel for the petitioner and the

respondents.

2.

Rule. Rule made returnable forthwith and heard finally by the

consent of the parties.

3.

The petitioner is aggrieved by the order passed by the

Divisional Joint Registrar, Cooperative Societies, Aurangabad on

27.11.2020 in Miscellaneous Application No.57/2019 filed by respondent

No.1, seeking the relief of condoning the delay in filing the revision

application under Section 154 of the Maharashtra Cooperative Societies

Act, 1960. The delay of approximately six years has been condoned with

the only reason being cited that it is not intentional.

4.

Before I advert to the merits of the impugned order, the

narration of brief facts in the background is necessary.

Respondent No.1 is the original borrower, who obtained the

loan of Rs.5 lacs from respondent No.2 (Adarsha Mahila Nagari

Cooperative Bank Limited). On default being committed, respondent

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No.2/Bank initiated the proceedings under Section 101 of the

Maharashtra Cooperative Societies Act for the recovery of the loan amount

and the recovery certificate was issued against respondent No.1 on

23.11.2009. On 11.01.2010, the District Deputy Registrar, Cooperative

Societies, Aurangabad, issued the offset price of the property owned by

the guarantor since no property of the borrower was available. Price was

fixed at Rs.1,57,680/-. The property of the guarantor was put to auction

and the District Deputy Registrar also issued the sale confirmation

certificate on the auction being conducted, under which, the property was

purchased by the present petitioner.

5.

The claim of the petitioner is that respondent No.1 never

bothered to repay the loan amount and did not take any steps when the

auction was conducted and the sale certificate was granted in favour of

the petitioner. For the first time in the year 2014, respondent No.1

approached the High Court by filing Writ Petition No.9713/2013, which

was dismissed by this Court on 27.01.2014 by recording that the property

of the guarantor is auctioned and the guarantor or his legal representative

did not come forward to challenge the said sale and therefore, respondent

No.1 was lacking the locus to challenge the action of auctioning the

property of the guarantor.

6.

This order being passed in the year 2014, respondent No.1

filed the revision petition under Section 154 of the Maharashtra

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Cooperative Societies Act, 1960 in the month of April, 2014, seeking the

relief of setting aside the recovery certificate dated 23.11.2009 and for

remanding the matter back to the District Deputy Registrar for it’s decision

afresh.

Since there was delay in filing the revision, a separate

application for condonation of delay of 04 years and 30 days was filed.

The concerned authority i.e. the Divisional Joint Registrar, Cooperative

Societies, by a detailed orde