Document Fragment View

Matching Fragments

3. Amendment of Rule 107 of the Maharashtra Cooperative Societies, Rules 1961 in the form of Clause (d-1) (vi) was necessitated because the auction purchaser after completion of the auction proceeding, it was the experience of the societies/banks and the Legislature that even after entire payment made by the auction purchaser, there was delay in handing over the possession to obviate such contingency sub-Rule (d-1) of Rule under Rule 107 of the Maharashtra Cooperative Societies Rules, 1961 has been introduced. It is, therefore, necessary that the Chief Metropolitan Magistrate while exercising power under clause (d-1) is obligated to issue the possession warrant based on the satisfaction that either certificate under Section 101 of the MCS Act or the award under Section 91 of the Maharashtra Cooperative Societies Act, 1960 is issued in favour of bank seeking possession. Therefore, in the facts of the case, it is not in dispute that the petitioner has not paid recoverable dues contained in certificate issued under Section 101 of the Maharashtra Cooperative Societies Act, 1960. Sub- Section (3) of Section 101 confers status of conclusive proof as regards contains of certificate under Section 101 and, therefore, 901-wp-1744-2020.doc the Chief Metropolitan Magistrate has rightly entertained proceedings for issuance of possession warrant. Hence, no fault can be found with the proceeding initiated before the Chief Metropolitan Magistrate. Therefore, there is no merits in the present writ petition. The writ petition is dismissed. No costs.