Gangadhar Shripatrao Somwanshi ... vs Yashwant Vidyalaya Sevkanchi ...
2021 Latest Caselaw 3672 Bom

                                                                              4-wp.12582.odt


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BENCH AT AURANGABAD

                       WRIT PETITION NO.12582 OF 2018

Gangadhar Shripatrao Somwanshi
and ors.                                                   ..Petitioners
        Vs.
Yashwant Vidyalaya Sevkanchi
Sahakari Patsanstha Maryadit, Latur                        ..Respondent

                               ----
Mr.V.B.Jadhav, Advocate for petitioners
Mr.S.G.Joshi, Advocate for respondent
                               ----

                                    CORAM : R.G. AVACHAT, J.

DATE : FEBRUARY 26, 2021 PER COURT :-

Heard.

2. Petitioner no.1 had borrowed a sum of Rs. One Lakh

from the respondent/Society. Petitioner nos.2 and 3 have been

guarantors for said loan. As petitioner no.1 defaulted in

repayment, the respondent/Society filed a dispute before the Co-

operative Court. It was allowed in July, 2015. From Perusal of

the judgment passed by the Co-operative Court, it appears that

the petitioners had not filed written statement therein. The

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petitioners, thereafter, preferred appeal against the decree

passed by the Co-operative Court. The petitioners have been

unsuccessful in appeal as well. They are, therefore, before

this Court.

3. Learned counsel for the respondent tenders copies

of two applications dated 01.11.2013 and 09.11.2013,

preferred by petitioner no.1, wherein, he has admitted his

liability.

4. A copy of the resolution dated 30.10.2004 passed in

annual general meeting of the respondent/Society has been

produced on record. Perusal thereof indicates that petitioner

no.1 had been granted waiver of interest on the loan amount.

Before the Co-operative Court and even before the appellate

Court, the respondent/Society appears to have not produced

said resolution. Learned counsel for the respondent, however,

admits before this Court that said resolution was passed.

According to him, it was in the nature of one-time settlement.

From reading of the resolution, it, however, does not appear so.

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5. With a view to give the petitioner an opportunity of

hearing and to give effect to the resolution dated 30.10.2004,

the orders impugned herein are set aside. The matter is

remanded back to the Co-operative Court. The petitioners

shall file written statement within a period of thirty days. The

co-operative Court shall decide the dispute on its own merit.

The amount deposited herein be paid to the respondent/Society

towards arrears of loan amount.

6. The Writ Petition stands disposed of accordingly.

[R.G. AVACHAT, J.]

KBP