CHHATRAPATI SAMBHAJI MAHARAJ SAHAKARI PATSANSTHA MARYADIT Vs. ASSISTANT REGISTRAR OF CO OPERATIVE SOCIETIES SATARA

JUDGEMENT

(1.) Heard learned counsel appearing for the Petitioner and the learned AGP for the Respondents.

(2.) On 22 nd August, 2011, the notice for final disposal of this Petition was issued.

(3.) The controversy involved in this Petition is very narrow. The Petitioner is a Credit Society duly registered under the Maharashtra Co operative Societies Act, 1960 ( hereinafter referred to as "the said Act"). A Recovery Certificate under Section 101 of the said Act was obtained by the Petitioner against a borrower. The property of the defaulter was attached in execution of the Recovery Certificate. On 26 th October, 2009, the first Respondent the Assistant Registrar of the Co operative Societies passed an order under Section 100 of the said Act read with Rule 85(5) of the Maharashtra Co operative Societies Rules, 1961 ( hereinafter referred to as "the said Rules") by which the first Respondent transferred the attached property to the Petitioner.