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TMI Blog2013 (2) TMI 432X X X X Extracts X X X X X X X X Extracts X X X X ..... ng well and as contended by him was suffering from chest pain. The undergoing of the stress test by the Director of the Petitioners is a pointer to the fact that he was undergoing treatment for heart ailment. The fact that the report of the stress test does not disclose that the Director of the Petitioners required any further treatment, would not go against the case of Petitioners whilst seeking condonation of delay of the said 58 days, as the fact remains that the Director of the Petitioners had undergone a stress test. The revisional authority has proceeded on an erroneous assumption that every day's delay has to be explained by the Petitioners. The concerned authority to hear the Revision Applications on merits and in accordance with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs.4,78,580/which are the outstanding dues owed by the Petitioners in 4 The recovery certificates have been issued on 1152010 for the principal amount of Rs.79,525/with the interest @ 21% p.a. in Writ Petition No.1056 of 2011 and for the principal amount of Rs.2,02,144/with the interest @ 21% p.a. in Writ Petition No.1057 of 2011. The certified copies of the recovery certificates were obtained by the Petitioners on 1162010. The Petitioners thereafter proceeded to file the Revision Applications as contemplated under Section 154 of the Maharashtra Cooperative Societies Act. The Petitioners in terms of sub section 2A of Section 154 of the Maharashtra Cooperative Societies Act, have also deposited 50% of the certificate amount with the so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e District Deputy Registrar and would contend that the reasons given by the Petitioners commend acceptance and for the inconvenience if any, that is caused to the Respondent No.3 society, they be compensated by imposing costs. 7 Per contra it is submitted by Mr. Jain the Learned Counsel appearing for the Respondent No.3 society that the reasons given by the Petitioners in the Applications does not entitle the Petitioners to the condonation of delay of said 58 days. The Learned Counsel relying upon the report of the stress test would contend that the said report belies the case of the Petitioner that the Director was unwell between the period March 2010 to July 2010. 8 Having heard the learned Counsel for the parties, in my view, the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... condoned. The Revision Applications to accordingly be numbered by the office of the revisional authority, subject to deposit of the balance amount by the Petitioner which would make 50% of the amount as of date. The said deposit to be made within four weeks from date. The concerned authority to hear the Revision Applications on merits and in accordance with law. The interest of justice also requires that the Respondent No.3 society be compensated by way of costs. The Petitioners to pay costs of Rs.3,000/to the Respondent No.3 society in each of the above Petitions within a period of two weeks from date and file evidence of the same before the revisional authority. In the event this order is not complied with the benefit of this order wo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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