1 wp290-14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 290 OF 2014.
Vikas s/o Shankarrao Ufale,
Aged about 46 years, Occ. Service,
R/o 29- Narayan Nagar, Daryapur,
Tq. Daryapur, Distt. Amravati. ... ... Petitioner.
..VERSUS..
The Dr. Punjabrao Deshmukh Urban Co-operative
Bank Limited, Amravati, by its Managing Director,
Erwin Chowk, Amravati, Tq. & Dist. Amravati. ... Respondent.
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Mr. C.A. Joshi, counsel for Petitioner.
None for respondent.
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CORAM : Z.A.HAQ, J.
DATED : JUNE 7 , 2016.
ORAL JUDGMENT:
Heard Shri C.A. Joshi advocate for the petitioner. None appears for the respondent.
2. Rule. Rule made returnable forthwith.
3. The respondent filed the Dispute No.112/1997 before the Co-operative Court in which an Award came to be passed on 24 th July, 2000. As the petitioner had not appeared in the proceedings, the Co-operative Court proceeded exparte against him.
4. The petitioner had filed an application praying that the exparte Award passed against him be set aside and there was delay of about 3510 days in filing ::: Uploaded on - 10/06/2016 ::: Downloaded on - 30/07/2016 04:34:10 ::: 2 wp290-14 the application, the petitioner filed an application praying for condonation of delay. The Co-operative Court, by the order dated 25.2.2013, allowed the application and condoned the delay, however, subject to payment of costs of Rs.3,000/- to the respondent bank within one month. The petitioner failed to pay the amount of costs within one month. The petitioner filed an application on 22.8.2013 seeking permission to deposit the amount of cost of Rs.3,000/- and this application is rejected by the impugned order.
5. The learned advocate for the petitioner, on instructions, has submitted that to show the bonafides, the petitioner is willing to deposit Rs.1,25,000/- before the Co-operative Court, Amravati within two months. Accepting the statement made on behalf of the petitioner, the following order is passed:
(i) The impugned order is set aside.
(ii) The application filed by the petitioner on 22.8.2013 before the Co-
operative Court is allowed.
(iii) The Petitioner is permitted to pay the amount of costs of Rs.3,000/- to
the respondent-bank within one month.
(iv) This order is passed in view of the statement made on behalf of the
petitioner that the petitioner will deposit Rs.1,25,000/- before the Co-operative Court, Amravati within two months. If the amount of Rs.1,25,000/- is not deposited by the petitioner before the Co-operative Court, Amravati within two months, this order shall stand revoked and the order passed by the Co-operative Court on 28.11.2013 shall stand revived.
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(v) If the amount of Rs.1,25,000/- is deposited by the petitioner within two
months and the amount of costs of Rs.3,000/- is paid by the petitioner within one month, the Co-operative Court shall consider the application filed by the petitioner praying for setting aside the Award, on merits, according to law.
(vi) The amount of Rs.1,25,000/- which would be deposited by the petitioner shall not be permitted to be withdrawn by the respondent-bank until the application filed by the petitioner is decided by the Co-operative Court.
Disbursement of the above amount shall be as per the further orders that may be passed by the Co-operative Court.
JUDGE Hirekhan ::: Uploaded on - 10/06/2016 ::: Downloaded on - 30/07/2016 04:34:10 :::