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2026 DAILYLAW 11088 (BOM)

M/S. PUSHPAK CAR RENTALS PVT LTD THRU DIRECTOR AMIT V. GOKRAN AND ORS v. THE DISTRICT DEPUTY REGISTRAR CO OP. SOC. AND ORS

WP/12649/2026 · 2026-09-23

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Judgment text

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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 2026:BHC-AS:39020 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.] Page No. 2 of 2 23 September 2026 Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 24/09/2026 11:29:28