Bombay High Court
R.B.Technocrats And Reclaimers Pvt Ltd vs The Ichalkarnji Urban Co-Op Bank Ltd ... on 19 December, 2023
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
07-WP-14267-2023 With Sr. Nos.8, 9 & 10.doc
2023:BHC-AS:39484
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.14267 OF 2023
R B Technocrats and Reclaimers Pvt. Ltd. ...Petitioner
Through its Authorized Signatory
Indrajeet Dushyant Malage
V/s.
The Ichalkaranji Urban Co-op. Bank Ltd. ...Respondent
Ichalkaranji [Liquidation]
Through Liquidator & Ors.
WITH
WRIT PETITION NO.14268 OF 2023
R B Technocrats and Reclaimers Pvt. Ltd. ...Petitioner
Through its Authorized Signatory
Indrajeet Dushyant Malage
V/s.
The Ichalkaranji Urban Co-op. Bank Ltd. ...Respondent
Ichalkaranji [Liquidation]
Through Liquidator & Ors.
WITH
WRIT PETITION NO.14288 OF 2023
R B Technocrats and Reclaimers Pvt. Ltd. ...Petitioner
Through its Authorized Signatory
Indrajeet Dushyant Malage
V/s.
The Ichalkaranji Urban Co-op. Bank Ltd. ...Respondent
Ichalkaranji [Liquidation]
Through Liquidator & Ors.
WITH
WRIT PETITION NO.14289 OF 2023
1
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07-WP-14267-2023 With Sr. Nos.8, 9 & 10.doc
R B Technocrats and Reclaimers Pvt. Ltd. ...Petitioner
Through its Authorized Signatory
Indrajeet Dushyant Malage
V/s.
The Ichalkaranji Urban Co-op. Bank Ltd. ...Respondent
Ichalkaranji [Liquidation]
Through Liquidator & Ors.
Mr. Surel S. Shah a/w Manoj A. Patil, for the Petitioner in all
the Writ Petitions.
Mr. Sudhir Prabhu, for Respondent No.1 in all the Writ
Petitions.
Mr. S. D. Rayrikar, AGP, for the Respondent-State in
WP/14267/2023.
Mr. P. G. Sawant, AGP, for the Respondent-State in
WP/14268/2023.
Mr. A. B. Chate, Addl. GP, for the Respondent-State in
WP/14288/2023.
Mr. P. V. Nelson Rajan, AGP, for the Respondent-State in
WP/14289/2023.
CORAM : MADHAV J. JAMDAR, J.
DATED : DECEMBER 19, 2023
ORAL JUDGMENT
1. The Petitioner in the present Writ Petitions has
impugned the Order passed by the learned Divisional Joint
Registrar, Co-operative Societies, Kolhapur Division,
Kolhapur in respective Revision Applications. However,
perusal of the record shows that the Revision Applications
were proceeded without compliance of 50% of recoverable
dues under Sub-Section (2A) of Section 154 of the
07-WP-14267-2023 With Sr. Nos.8, 9 & 10.doc
Maharashtra Co-operative Societies Act, 1960 ("said Act").
Although the Divisional Joint Registrar has dismissed the
Revisions on some other ground, however, as far as the
aspect of compliance of Sub-Section (2A) of Section 154 of
the said Act, it is stated as the Applicant is not the borrower,
guarantor or consentor, the non compliance of the said
mandatory requirement is not relevant.
2. However, perusal of Section 154(2A) of the said
Act shows that, it is specifically provided that, no
application for revision shall be entertained against the
recovery certificate issued by the Registrar under section
101 unless the applicant deposits with the concerned
society, fifty percent, amount of the total amount of
recoverable dues. Thus, it is clear that for the purpose of
compliance of mandatory requirement of Sub-Section 2A of
Section 154 of the said Act, the aspect whether the
Petitioner is the borrower, guarantor or consentor, is not at
all relevant. It is required to be noted that unless the said
50% amount is deposited as per the mandatory requirement
of Sub-Section 2A of Section 154, the Revisional Authority
will not get jurisdiction to deal with the merits of the case.
3. In the respective Revision Applications, relief is
07-WP-14267-2023 With Sr. Nos.8, 9 & 10.doc
sought that no further action be taken pursuant to the
Recovery Certificate issued under Section 101 of the said
Act. Therefore, it is the contention of the Petitioner that as
the Recovery Certificate is not challenged, the mandatory
requirement of deposit of 50% as contemplated under Sub-
Section 2A of Section 154 is not applicable.
4. However, a learned Single Judge in the case of
Greater Bombay Co-operative Bank Ltd., Mumbai & Anr. v.
Dhillon P. Shah & Ors.1 has held that the rigours of sub-
section (2A) would take within its sweep revision
application filed by a person "against whom" recovery
certificate under section 101 of the Act has been issued,
challenging the recovery certificate itself or any attempt by
him to interdict the process of recovery of the dues founded
on such recovery certificate, by ostensibly challenging only
the derivative action in relation to the recovery certificate
so issued and has become final.
5. In this case, it is the contention of learned
Counsel appearing for the Petitioner that Petitioner is the
subsequent purchaser. However, as the subsequent
purchasers have entered into the shoes of the original
1 2003 SCC OnLine Bom 953 : (2004) 1 Mah LJ 996
07-WP-14267-2023 With Sr. Nos.8, 9 & 10.doc
borrower, the rigours of Sub-Section 2A of Section 154
would equally apply to such subsequent purchaser.
6. At this stage, learned Counsel appearing for the
Petitioner states that on the basis of the instructions of the
Petitioner, he is making statement that 50% of recoverable
dues will be deposited with the Respondent-Bank on or
before 18th January 2024. The said 50% recoverable dues
are as follows :-
W. P. No. Rev. No. 100% Recoverable 50% amount
14267/23 108/23 4,75,572/- 2,37,786/-
14268/23 112/23 21,85,957/- 10,92,979/-
14288/23 109/23 17,13,947/- 8,56,974/-
14289/23 110/23 16,66,007/- 8,33,004/-
7. Accordingly, the Writ Petitions are disposed of
by passing the following Order :-
(1) The impugned Orders dated 11th October 2023 passed
in the respective Revision Applications by the
Divisional Joint Registrar, Co-operative Societies,
Kolhapur Division, Kolhapur are set aside on the
condition that the Petitioner deposits with the
Respondent No.1-Bank 50% amount in respective
Revision Applications as per the above chart on or
before 18th January 2024.
(2) It is further made clear that, if the Petitioner fails to
07-WP-14267-2023 With Sr. Nos.8, 9 & 10.doc
deposit the said 50% amount on or before 18th
January 2024, then the said Order dated 11th October
2023 passed in respective Revision Applications shall
stand revived.
(3) The said amount as per above chart, if deposited shall
be kept in separate account.
(4) If the deposit of said 50% is made as per the above
particulars, then the impugned Order is set aside and
the Revision Applications shall stand restored to the
file of the Divisional Joint Registrar, Co-operative
Societies, Kolhapur Division, Kolhapur.
(5) The Divisional Joint Registrar, Kolhapur Division,
Kolhapur is requested to pass the fresh Order after
hearing the Petitioner and the Respondent-Bank on or
before 30th April 2024.
8. It is clarified that this Court has not considered
the merits and all the contentions on merits are expressly
kept open.
9. The Writ Petitions are disposed of in the above
terms with no order as to costs.
[MADHAV J. JAMDAR, J.]
