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Bombay High Court

GEETA R PANDIT AND ORSversusTHE DISTRICT DEPUTY REGISTRAR OF CO OP SOC. AND ORS

Decided
Disposal
Disposed Off

Holding

The Court held that the Revisional Authority must decide the revisions assuming compliance with Section 154(2A) of the Maharashtra Co‑operative Societies Act and that no execution steps may be taken until such a decision is rendered.

Summary

The petitioners, Pushpak Car Rentals Pvt. Ltd. and Geeta R. Pandit, challenged the execution of a recovery certificate by a credit society while revision applications were pending before the District Deputy Registrar. They alleged that the recovery order was passed ex‑parte and that they had no notice of it. The High Court examined whether the revisions could be decided assuming compliance with Section 154(2A) of the Maharashtra Co‑operative Societies Act, 1960, which governs the manner of issuing recovery certificates. The Court observed that the Divisional Joint Registrar had already closed the revision orders and noted a delay in filing the revision applications. It directed the Revisional Authority to decide the revisions on their merits, assuming the statutory compliance, and to consider condonation of the delay, while prohibiting any coercive steps for execution of the recovery certificate until the revisions are finally decided. The writ petitions were consequently disposed with these directions.

Issues considered

  • Whether the recovery certificate can be executed during the pendency of revision applications.
  • Whether the ex‑parte nature of the recovery order violates procedural fairness.
  • Whether Section 154(2A) of the Maharashtra Co‑operative Societies Act, 1960 applies to the present case.
  • Whether delay in filing the revision applications can be condoned.

Legislation cited

Subjects

  • Recovery certificate
  • Maharashtra Co-operative Societies Act
  • Revision proceedings
  • Condonation of delay
  • Ex‑parte order
  • Execution of decree

Judgment

2026:BHC-AS:39022

              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 11:31:06


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