Bombay High Court
KALURAM GOVIND GULAVIversusSANGLI VAIBHAV CO-OPERATIVE CREDIT SOCIETY LTD. MUMBAI BRANCH BALKUM AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The writ petition is not maintainable; the petitioner must pursue the appeal/revision before the appropriate revisional authority.
Summary
The petitioner, Kaluram Govind Gulavi, challenged a Recovery Certificate dated 26 May 2023 issued by the Deputy Registrar of Co-operative Societies against him. The certificate sought recovery of Rs.4,32,558 and the petitioner had already deposited Rs.3,00,000 in the High Court as interim security. The petitioner argued that the appropriate remedy was an appeal or revision before the District Deputy Registrar/Divisional Joint Registrar, rather than a writ petition. The Court examined whether the writ petition was maintainable given the existence of an alternate statutory remedy and considered the effect of the deposited amount under Section 154(2A) of the Maharashtra Co‑operative Societies Act, 1960. The Court held that the petitioner should pursue the appeal/revision and allowed the interim relief to continue for six weeks. Consequently, the writ petition was dismissed, leaving open the statutory remedy.
Issues considered
- Whether a writ petition challenging a Recovery Certificate is maintainable when an alternative appeal/revision remedy exists
- Whether the amount deposited by the petitioner can be treated as compliance with Section 154(2A) of the Maharashtra Co‑operative Societies Act, 1960
Legislation cited
- Maharashtra Co-operative Societies Act, 1960 — s. 154(2A)
Subjects
- Recovery Certificate
- Co-operative Societies
- Appeal
- Revision
- Writ Petition
- Interim Relief
- Section 154
- Maharashtra Co-operative Societies Act
Judgment
2026:BHC-AS:36188
k 1/2 41 wp 7522.26 as.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.7522 OF 2026
Kaluram Govind Gulavi ....Petitioner
V/S
Sangli Vaibhav Co-operative Credit Society Ltd. & Ors. ....Respondents
_________
Mr. Vinay M. Choudhary (through video conferencing) for the
Petitioner.
Mr. Gunjan Chaubey for Respondent.
Ms. M.S. Srivastav, AGP for Respondent No.2/State.
__________
CORAM : SANDEEP V. MARNE, J.
DATE : 1 SEPTEMBER 2026.
P.C.:
1. The Petition challenges Recovery Certificate dated 26 May 2023
passed by Deputy Registrar, Co-operative Societies. There is an alternate
and equally efficacious remedy filing Appeal/Revision against the
Recovery Certificate. Petitioner has already deposited an amount of
Rs.3,00,000/- in this Court as per the order dated 16 June 2026. The
Respondent-Credit-Society is permitted to withdraw the deposited
amount with accrued interest. The Recovery Certificate is in respect of
amount of Rs.4,32,558/-. Since substantial amount is already deposited.
In my view, the Petitioner can be relegated to the remedy of filing
Appeal/Revision before the District Deputy Registrar/Divisional Joint
Registrar.
katkam Page No. 1 of 2
k 2/2 41 wp 7522.26 as.doc
2. Writ Petition is accordingly disposed of by leaving open the
remedy of filing Appeal/Revision for the Petitioner against Recovery
Certificate dated 26 May 2023. The amount deposited in this Court,
which is permitted to be withdrawn by the Respondent-Credit Society
shall be taken into consideration for the purpose of compliance with
provisions of sub-section 2A of Section 154 of the Maharashtra Co-
operative Societies Act, 1960. In order to enable the Petitioner to apply
for stay, the ad-interim relief granted by this Court vide order dated 16
June 2026 shall continue to operate for a period of six weeks. The
Revisional Authority shall decide the Appeal/Revision in accordance with
law and on its own merits. Writ Petition is accordingly dismissed.
(SANDEEP V. MARNE, J.)
katkam
Signed by: Sudarshan R. Katkam Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 03/09/2026 15:44:51
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