KHUSHAL NARAYANRAO MUNDHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) Rule. Rule made returnable forthwith and by consent of the parties, petition is taken up for final hearing immediately.

(3.) The petitioner challenges the recovery certificate issued by the respondent No.4, on 5.3.2005. The copy of the recovery certificate is annexed with the petition. It seems that the recovery certificate is issued by the respondent No.4, for recovery of amount of Rs.2,00,969.11. From para No.3 of the recovery certificate, it appears that oral instructions were given to the President/Secretary/Office bearers of respondent No.2 for initiation of the proceedings, for obtaining recovery certificate under Section 101 of the Maharashtra Co-operative Societies Act, 1960 (hereinafter referred to as the "Act 1960" for short). Despite the insistence by the respondent No.4, no such application was filed by the respondent No.2. The respondent No.4, therefore, initiated the proceeding under sub-section 2 of Section 101 of the Act, 1960. It has also mentioned in para 5 of the order that the respondent No.2, ultimately, moved an application on 3.2.2005 to respondent No.4 for recovery certificate. After the reference of this application, the respondent No.4, has issued certificate with observations that demand notice were served to the respondent/defaulter, and ultimately certificate under Section 101(1) of the Act,1960 came to be issued.