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Bombay HC Protects Right to File Revision under Sectio 154(2A) of MC Societies Act – Pre-deposit requirement Applies Only to Hearing

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Revision – Condition of 50% Pre-deposit – Section 154-2A of MC Societies Act 1960

A person aggrieved by a recovery certificate issued under Section 101, or by an order under Section 154B-29, has a statutory right to approach the revisional authority. That right cannot be curtailed by reading into the provision a condition which the legislature has not expressly imposed at the stage of filing. Section 154-2A ensures that the applicant does not obtain interim protection or a decision on merits without first depositing fifty per cent of the dues. It acts as a condition for consideration, not as a condition precedent for presentation.

Therefore, the consequence of non-deposit is limited. Until the deposit is made, the authority cannot grant interim or ad interim relief. It also cannot proceed to decide the revision on merits. However, the authority cannot refuse to accept the revision or return it at the threshold. Returning the revision memo amounts to denying access to the revisional forum itself.

Judgment dated 9.2.2026 of the High Court of Bombay in Writ Petition No.1839 of 2026 of Savitha Dinesh Shetty  Vs.   The State of Maharashtra and Ors.

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