NITIN BALASAHEB DEGWEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in this petition is to the order dated 16 th May 2018 passed by the respondent No.1, District Deputy Registrar, in Revision Application No.607 of 2018. By the impugned order the respondent No.1, while allowing the Revision Application filed by the respondent No.2, has granted a recovery certificate against the petitioners and in favour of the respondent No.2.

(2.) The brief facts are that the respondent No.2 had sanctioned a loan of Rs.90 lakhs to the petitioners in which the respondent Nos.3 to 5 are guarantors. The loan was granted somewhere in 2015. As the petitioners failed to repay the said loan as per the terms agreed, the respondent No.2 filed application No.285 of 2017-18 against the petitioners and the respondents Nos.3 to 5, under Section 101 of the Maharashtra Co-operative Societies Act 1960 ('Act' for short) for issuance of a recovery certificate. The learned Deputy Registrar, by an order dated 22 nd December 2017 refused to grant the recovery certificate on the ground that the matter involves disputed and complicated question of facts. Feeling aggrieved the respondent No.2 challenged the same before the learned District Deputy Registrar, in Revision Application No.607 of 2018. The learned District Deputy Registrar, by the impugned order has granted the recovery certificate. Hence, this petition.

(3.) I have heard the learned counsel for the petitioners and the learned counsel for respondent No.2. I have also heard the learned Assistant Government Pleader for the respondent No.1. None appears for the respondent Nos.3 to 5. Perused record.