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Bombay High Court

SANJAY MADHAVRAO KAKADE AND ANOTHERversusTHE DIVISIONAL JOINT REGISTRAR AND OTHERS

Disposal
DISPOSED OFF

Holding

A revision application is lawfully dismissed if the petitioner fails to deposit the statutory 50% amount required under Section 154(2‑A).

Summary

The petitioners, Sanjay Madhavrao Kakade and another, filed a writ petition challenging a 9 October 2019 order of the Divisional Joint Registrar, Cooperative Societies, Aurangabad, which dismissed their revision on the ground that they had not deposited the 50% amount required under Section 154(2‑A). The petition also contested a recovery certificate dated 16 August 2018 issued by the Deputy Registrar of the Marathwada Urban Bank Co‑op. Association Ltd. The High Court examined whether the Registrar’s order was perverse or illegal. Relying on the statutory requirement of Section 154(2‑A), the Court found no error in the Registrar’s decision. Consequently, the Court dismissed the writ petition without costs. The decision underscores the mandatory nature of the deposit requirement in cooperative society proceedings.

Issues considered

  • What is the effect of a failure to deposit the 50% amount mandated under Section 154(2‑A) on a revision application before the Registrar of Cooperative Societies?

Legislation cited

Subjects

  • Cooperative Societies
  • Section 154(2-A)
  • Deposit requirement
  • Writ petition
  • Revision application
  • High Court of Bombay

Judgment

2026:BHC-AUG:18353
                                                 1 of 2                      925-WP.3244.2021.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                               925 WRIT PETITION NO. 3244 OF 2021

                           SANJAY MADHAVRAO KAKADE AND ANOTHER
                                              VERSUS
                         THE DIVISIONAL JOINT REGISTRAR AND OTHERS
                                                ...
               Mr. Shikrashna B. Solanke, Advocate for the Petitioners.
               Mrs. D. S. Jape, AGP for Respondent-State.
                                                ...

                                         CORAM :          SIDDHESHWAR S. THOMBRE, J.

                                         DATE     :       18th APRIL, 2026
               P.C.:-

               1.        Heard learned Advocates for the respective parties.


               2.        By the present petition, the Petitioners are aggrieved by the

               order dated 09.10.2019 passed by Respondent No.1 – Divisional Joint

               Registrar, Cooperative Societies, Aurangabad in Misc. Application

               No.80/2018, as well as the recovery certificate dated 16.08.2018

               issued by Respondent No.6-Deputy Registrar, Cooperative Societies,

               Marathwada     Urban    Bank     Co-op.      Association   Ltd.,      Padegaon,

               Aurangabad.


               3.        By the order dated 09.10.2019, the revision filed by the

               Petitioners came to be dismissed on the ground that the Petitioners

               failed to deposit the requisite 50% amount as mandated under Section

               154(2-A). Even today, when queried, Mr. Solanke, learned Advocate for

               the Petitioners, on instructions, submits that the Petitioners are not in a
                                           2 of 2                925-WP.3244.2021.odt



          position to deposit the said amount.


          4.        In view thereof, I do not find any perversity or illegality in

          the order dated 09.10.2019 passed by the Respondent No.1 –

          Divisional Joint Registrar, Cooperative Societies, Aurangabad in Misc.

          Application No.80/2011.


          5.        Hence, the present petition is dismissed. No order as to costs.



                                             (SIDDHESHWAR S. THOMBRE, J.)

Tauseef


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