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Petitioner assailes the legality, propriety and correctness of the recovery certifcate issued u/s 101 of Maharashtra Co-operative Societies Act, 1961

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Court :
Bombay High Court

Brief :
The challenge in this petition is to the judgment and order dated 12th April 2019 in Revision Application No.NIL/2011 passed by Divisional Joint Registrar, Co-operative Societies, Nashik, whereby the revision application preferred by the petitioner assailing the legality, propriety, and correctness of the recovery certificate issued under section 101 of the Maharashtra Co-operative Societies Act, 1961 (‘The Act, 1961’) and the steps taken by respondent No.3-Society and respondent No.4, the Recovery Officer, to recover the amount thereunder, culminating in the order of confirmation of sale dated 31st March 2012 of agricultural land bearing Gat No. 49, (‘the subject land’) in favor of respondent Nos. 8 and 9-the Auction Purchasers, came to be dismissed.

Citation :
WRIT PETITION NO. 5627 OF 2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 5627 OF 2019

Arjun Fakira Bari
Age : 52 years, Occup. Agril.
R/o. Shirsoli,
Tq. & Dist . Jalgaon … Petitioner

Versus

1] Divisional Joint Registrar,
 Co-operative Societies,
 Nashik

2] Deputy Registrar,
 Co-operative Societies,
 Nashik

3] Purnavad Nagari Sahakari
 Patsanstha, Maryadit, Shirsoli,
 Tq. & Dist . Jalgaon
 Through its Manager

4] Special Recovery Offcer,
 Purnavad Nagari Sahakari
 Patsanstha, Maryadit, Shirsoli,
 Tq. & Dist . Jalgaon

5] Madhukar Fakira Bari,
 Age : 50 years, Occup. Agril.
 R/o. Shirsoli,
 Tq. & Dist . Jalgaon

6] Kailas Kachru Patil,
 Age : 45 years, Occup. Agril.
 R/o. Shirsoli,
 Tq. & Dist . Jalgaon

7] District Deputy Registrar,
 (Co-operative Societies), Jalgaon

8] Mahendra Narayan Kedar
 Age : 48 years, Occ : Business,
 R/o. Shrikrushan Colony, Jagaon,
 Tq. And Dist. Jalgaon

9] Anil Totaram Shimpi
Age : 45 years, Occup. Business,
 R/o. Soyegaon,
 Tq. & Dist. Aurangabad. … Respondents

Mr. Subodh P. Shah, for the petitioner.
Mr. G. O. Wattamwar, AGP for respondent Nos. 1, 2 and 7.
Mr. V. D. Hon, Senior Advocate for respondent Nos.3 and 4.
Mr. Abasaheb Shinde for respondent Nos.8 and 9.

CORAM : N.J. JAMADAR, J.
 Reserved for Judgment on : 27th April 2021
 Judgment Pronounced on : 25th May 2021
 (THROUGH VIDEO CONFERENCE)

JUDGMENT :

1. Rule. Rule made returnable forthwith and with the consent of the counsels for the parties, heard fnally at the stage of admission.

2. The challenge in this petition is to the judgment and order dated 12th April 2019 in Revision Application No.NIL/2011 passed by Divisional Joint Registrar, Co-operative Societies, Nashik, whereby the revision application preferred by the petitioner assailing the legality, propriety, and correctness of the recovery certificate issued under section 101 of the Maharashtra Co-operative Societies Act, 1961 (‘The Act, 1961’) and the steps taken by respondent No.3-Society and respondent No.4, the Recovery Officer, to recover the amount thereunder, culminating in the order of confirmation of sale dated 31st March 2012 of agricultural land bearing Gat No. 49, (‘the subject land’) in favor of respondent Nos. 8 and 9-the Auction Purchasers, came to be dismissed.

3. The background facts leading to this petition can be summarized as under:-

(a) The petitioner had availed a loan of Rs.75,000/- from Purnavad Nagari Sahakari Patsanstha, Maryadit, Shirsoli - respondent No.3-Society. The loan was advanced on the terms and conditions incorporated in the sanction letter dated 18th October 2005. It was to be repaid within a period of 60 months thereof. Under the terms thereof, the petitioner and his father mortgaged an immovable property bearing House No.728 in favor of respondent No.3 under a Mortgage Deed, dated 21st October 2005, and thereby created security interest thereon. 

To know more in details find the attachment file

 

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on 04 June 2021
Published in LAW
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