M/S. SHRIDEEP ASSOCIATES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The three writ petitions revolve around a similar challenge and hence, they were heard together and disposed of by this common order.

(2.) The petitioners are the borrowers, who had obtained loan from respondent No. 4 - Samta Nagari Sahakari Patsanstha Ltd. Kopergaon on mortgaging property. Unable to repay the loan the Patsanstha preferred an application under sec. 101 of Maharashtra Co-operative Societies Act, 1961 ( 'MCS Act ' for short) for recovery of the amount before the Assistant Registrar, Ahmednagar. Certificate came to be issued against the respective the petitioners and guarantors on distinct dates and being aggrieved by the same, the distinct revision applications came to be filed before the Divisional Joint Registrar Nashik. The orders passed on these revisions are assailed in the present writ petitions.

(3.) When the impugned orders passed by the Divisional Joint Registrar are carefully read, it conclusively record that since there was a failure on the part of revision petitioners to comply with the objections notified by the Divisional Registrar within a period stipulated, a conclusion is derived to the effect that they are not interested in prosecuting the applications and therefore, the respective applications came to be filed.