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
- Cooperative Societies Act — s. 154(2-A)
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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