RAMRAO TUKARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are the judgment debtors. They challenge the Judgment and Order dtd. 1/11/2021 passed by the Divisional Joint Registrar, Cooperative Societies. By the said order, the Revisional Authority rejected their application seeking condonation of delay of twelve years in filing a revision against the order confirming the sale of their properties.

(2.) The relevant facts are as follows. On 4/4/2005, the petitioners took two separate loans by mortgaging two different properties. On 16/1/2007, the Registrar issued two certificates under Sec. 101 of the Maharashtra Cooperative Societies Act, 1960. One certificate was for an amount of Rs.68,08,969..00 The other was for Rs.83,47,098..00 The petitioners failed to pay the dues as per the certificates. The Special Recovery Officer then held an auction of the mortgaged properties, being Gat No. 183 and Gat No. 332. The auction took place on 17/8/2009. The petitioners allege that the auction purchaser did not deposit 15 percent and 85 percent of the bid amount within the period prescribed under clauses (g) and (h) of Rule 107(11) of the Maharashtra Cooperative Societies Rules, 1961. According to the petitioners, this non-compliance renders the auction void.

(3.) The petitioners initially filed Writ Petition (St.) No. 9104 of 2021 before this Court. This Court permitted them to withdraw the petition with liberty to take appropriate proceedings. Relying on the liberty granted by the Division Bench, the petitioners filed a revision application under Sec. 154 of the MCS Act challenging the auction proceedings and confirmation of sale. The revision was accompanied by an application seeking condonation of a delay of more than twelve years.