Babanrao Narayan Borate v. the Divisional Joint Registrar Co. Op Soc and Ors.
Maharashtra Co-operative Societies Act, 1960 – Section 154 revision – execution of recovery certificate during pendency of revision
Case brief
What is this about?
Bombay High Court (A.S. Chandurkar & M.M. Sathaye, JJ., 24.02.2025) in Writ Petition No.2344 of 2025 disposed of a writ petition concerning execution of a Recovery Certificate dated 14.08.2014 while the petitioner's revision under S.154, Maharashtra Co-operative Societies Act, 1960 is pending before the Divisional Joint Registrar, Co-operative Societies. Circle Officer's notice dated 10.12.2024 for taking possession of the secured asset was unexecuted (possession not taken on 22.01.2025). Merits kept open; petitioner free to seek interim relief in the pending revision and to seek relief per law against any fresh notice. No costs or quantum awarded; no precedents cited.
What did the court decide?
Writ petition disposed of keeping all points on merits open, with directions: (i) petitioner at liberty to seek appropriate interim relief in the pending Revision Petition before the Divisional Joint Registrar, Co-operative Societies; (ii) possession not taken on 22.01.2025 under the notice dated 10.12.2024, and petitioner free to seek appropriate relief in accordance with law if any fresh notice is issued.