BALAJI NAGRI SAHAKARI PATSANSTHA Vs. KUSUM RAGHUNATH BHOSALE

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The challenge in this petition is to an order dtd. 19/10/2020 passed by the learned Divisional Joint Registrar, Cooperative Societies, Kolhapur Division, Kolhapur in Revision Application No.67 of 2019, whereby the revision preferred by the petitioner Society came to be dismissed affirming the order passed by the Deputy Registrar on 1/3/2019 directing the petitioner not to execute the recovery certificate issued under Sec. 101 of the Maharashtra Co-operative Societies Act, 1960 ("the Act, 1960") against the legal representatives of Mr. Pradeep Dinkar Laykar, who was one of the guarantors to the loan availed by Mrs. Kusum Raghunath Bhosale, the principal borrower.

(3.) The Deputy Registrar had issued recovery certificate by an order dtd. 18/6/2018. In execution of the said recovery certificate, the immovable property of respondent Nos.5-a to 5-d came to be attached. In the intervening period, the issue as to whether respondent Nos.5-a to 5-d were made the members of the petitioner Society, after the demise of their predecessor in title Pradeep Dinkar Laykar, seems to have been raised.