Bombay High Court
M/S. PUSHPAK CAR RENTALS PVT LTD THRU DIRECTOR AMIT V. GOKRAN AND ORSversusTHE DISTRICT DEPUTY REGISTRAR CO OP. SOC. AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Revisional Authority must decide the revisions assuming compliance with Section 154(2A) of the Maharashtra Co‑operative Societies Act and stay any coercive execution of the recovery certificate until such decision is rendered.
Summary
The petitioners, including Pushpak Car Rentals Pvt. Ltd. and Geeta R. Pandit, challenged the execution of a recovery certificate by a credit society while their revision applications were pending before the District Deputy Registrar. They alleged that the certificate was issued ex‑parte and that they were unaware of it, and also raised a delay in filing the revisions. The High Court examined whether the requirements of sub‑section (2A) of Section 154 of the Maharashtra Co‑operative Societies Act, 1960 were satisfied when the two tranches of deposits were considered together. The Court directed that the Revisional Authority should decide the revisions assuming compliance with Section 154(2A) and also consider condonation of the delay. It further ordered that no coercive steps be taken to execute the recovery certificate until the revisions are finally decided, and disposed of the writ petitions with these directions.
Issues considered
- Whether the execution of a recovery certificate can proceed during the pendency of revision applications before the District Deputy Registrar.
- Whether the petitioners complied with the requirements of Section 154(2A) of the Maharashtra Co‑operative Societies Act, 1960.
- Whether the delay in filing the revision applications can be condoned.
- Whether an ex‑parte decision of the recovery certificate is valid.
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 154(2A)
Subjects
- Recovery certificate
- Maharashtra Co-operative Societies Act
- Section 154
- Revision
- Condonation of delay
- Ex‑parte proceedings
- Stay of execution
Judgment
2026:BHC-AS:39020
Megha 904 & 905_wp_12649 & 12650_26
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12649 OF 2026
M/s. Pushpak Car Rentals Pvt. Ltd. and
Ors. ...Petitioners
V/s.
The District Deputy Registrar of Co-
operative Societies, Mumbai City (4)
and Ors. ...Respondents
WITH
WRIT PETITION NO.12650 OF 2026
Geeta R. Pandit and Ors. ...Petitioners
V/s.
The District Deputy Registrar of Co-
operative Societies, Mumbai City (4)
and Ors. ...Respondents
________________
Mr. Prashant Kulkarni i/b. Ms. Rachna Mamnani for the Petitioners.
Mr. Sanjay Anabhawane for Respondent No.3.
Mr. P.V. Nelson Rajan, AGP for Respondent-State in WP/12649/2026.
Mr. Piyush Pandey, ‘B’ panel counsel for Respondent Nos.1 and 2-State
in WP/12650/2026.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 23 SEPTEMBER 2026.
P.C.:
1) Limited grievance of the Petitioners in these Petitions is that
recovery certificate is sought to be executed by the Credit Society during
Page No.1 of 2
23 September 2026
Megha 904 & 905_wp_12649 & 12650_26
pendency of the Revisions preferred by the Petitioners before the District
Deputy Registrar. This Court is prima facie satisfied that there is
compliance with provisions of sub-section (2A) of Section 154 of the
Maharashtra Co-operative Societies Act, 1960 (MCS Act) in the present
case, if the two tranches of deposits made by the Petitioners are
cumulatively taken into consideration. In my view, therefore, it is
appropriate that the District Deputy Registrar decides the Revisions on
merits.
2) I am informed that the Divisional Joint Registrar has already
closed the Revisions for orders. It appears that there is some delay in
filing the Revision Applications. It is the contention of the Petitioners
that decision of recovery certificate was ex-parte and that the Petitioners
had no knowledge about the same.
3) The Revisional Authority shall proceed to decide the Revisions by
assuming compliance with provisions of Section 154(2A) of the MCS Act.
The Revisional Authority while taking decision shall also proceed to
decide the issue of condonation of delay. Till the Revisions are decided,
no coercive steps shall be taken for execution of recovery certificates.
4) All contentions of the parties are expressly kept open.
5) With the above directions, the Writ Petitions are disposed of.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.2 of 2
Designation: PA To Honourable Judge 23 September 2026
Date: 24/09/2026 11:29:28
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