1 WP / 9446 / 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 9446 OF 2018

WITH

CIVIL APPLICATION NO. 997 OF 2022 IN WP/9446/2018

Kausabai W/o Eknath Hajare (Died)

Through Legal Representative

Vijay S/o Eknath Hajare

Age : 62 years, Occu :- Retired,

R/o : Kedgaondevi, Near Branch Office of Mahapalika,

Kedgaon, Ahmednagar,

Tq.and Dist. Ahmednagar

.. Petitioner

Versus

1] The Deputy Registrar,

Co-operative Societies,

Mahatma Fule Chouk, Market Yard,

Ahmednagar

2] The District Deputy Registrar,

Co-operative Societies,

Market Yard, Station Road,

Ahmednagar

3] The Divisional Joint Registrar,

Co-operative Societies,

Nashik Division, Nashik

4] Sahyadri Nagari Gramin Bigar Sheti

Sahakari Pat Sanstha Ltd., Kedgaon,

Ahmednagar,

Through its Administrator

Shri. Kiran Kashinath Avhad,

Head Clerk, Office of the Assistant Registrar,

Co-operative Societies, Parnear,

Tq. Parnear, Dist. Ahmednagar

5] Shriram S/o Eknath Hajare

Age :- 57 years, Occu :- Service,

R/o. Shikshak Colony, Munjoba Chouk,

Nepti Road, Kedgaon, Ahmednagar

6] Sunil S/o Eknath Hajare

Age :- 55 years, Occu:- Service,

R/o. As above,

2 WP / 9446 / 2018

7] Vishnu S/o Eknath Hajare,

Age :- 48 years, Occu :- Nil,

R/o Kedgaondevi, Near Branch Office

of Mahapalica, Kedgaon, Ahmednagar

Tq. and Dist. Ahmednagar

8] Sahyadri Nagari Gramin Bigar Sheti

Sahakari Pat Sanstha Ltd., Kedgaon,

Ahmednagar

Through it’s Special Recovery Officer,

R/o. Kedgaon Devi, Nagar Pune Road,

Ahmednagar, Tq. & Dist. Ahmedngar

9] Sahyadri Nagari Gramin Bigar Sheti

Sahakari Pat Sanstha Ltd., Kedgaon,

Ahmednagar,

Through it’s Manager,

R/o. Kedgaon Devi, Nagar Pune Road,

Ahmednagar, Tq. & Dist. Ahmednagar

.. Respondents

...

Advocate for Petitioner : Mr. Ashok Tapse h/f. Mr. Suryawanshi D.N.

AGP for the respondent – State : Mr. S.B. Pulkundwar

Advocate for the respondents no. 8 and 9 : Mr. A.C. Darandale

Respondents no. 4 to 7 served - absent

...

CORAM

: MANGESH S. PATIL, J.

DATE

: 11 JULY 2022

ORAL ORDER :

Heard. Rule. Rule made returnable forthwith. At the joint

request of the parties, the matter is heard finally at the stage of

admission.

2.

The petitioner happens to be one of the four sons of one

Kausabai. She was the borrower of respondent no. 4 - society and to

which her two sons, respondents no. 5 and 6 were the guarantors.

He is aggrieved by the order passed in revision preferred by him under

section 154 of the Maharashtra Co-operative Societies Act, 1960 ("the

3 WP / 9446 / 2018

Act"), thereby refusing to condone the delay of more than 10 years in

putting up the challenge to the recovery certificate.

3.

I have heard learned advocate of both the sides.

4.

The learned advocate for the petitioner would submit that

the petitioner was not a party to the dispute. The procedure

contemplated in law was not followed. After issuing recovery certificate

under section 101 of the Act, no immediate steps were taken by the

respondent no. 4 - society for recovering the dues. After her demise he

was served with a notice. The house property which was mortgaged to

secure the loan was attached. It was put to auction. In spite of his

strenuous efforts, he was not provided with the documents and all

these factors had cumulatively resulted in causing the delay. The

revisional authority ought to have considered all these aspects and

should have