Bombay High Court
Vikas S/O Shankarrao Ufale vs The Dr. Punjabrao Deshmukh Urban ... on 7 June, 2016
Bench: Z.A. Haq
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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
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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
