Annasaheb Revaji Davkhar And ... vs Branch Manager The Nashik ...
2021 Latest Caselaw 4928 Bom

                                        1                                    wp 4895.2021

    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               BENCH AT AURANGABAD

               957 WRIT PETITION NO.4895 OF 2021

          ANNASAHEB REVAJI DAVKHAR AND ANOTHER
                         VERSUS
    BRANCH MANAGER THE NASHIK MERCHANT CO-OPERATIVE
                  BANK LTD AND ANOTHER
                          ...
     Advocate for Petitioners: Mr. More Abhijit S.
                          ...

                               CORAM: S. V. GANGAPURWALA &
                                      SHRIKANT D. KULKARNI, JJ.

                               DATE:        18th MARCH, 2021

 PER COURT:

1. Mr. More, learned Counsel for the petitioners

submits that the Co-operative Court has passed

judgment in the Dispute filed by the respondent /

Bank U/Sec. 91 of the Maharashtra Co-operative

Societies Act, 1960. The said judgment is

delivered on 04.10.2005. The learned Counsel

submits that respondents could not have proceeded

under Rule 107 of the Maharashtra Co-operative

Societies Rules. The only remedy is U/Sec. 98 of

the Maharashtra Co-operative Societies Act. In the

impugned Auction Notice the respondent / Bank has

wrongly mentioned that recovery certificate

2 wp 4895.2021

U/Sec. 101 of the Maharashtra Co-operative

Societies Act is issued. No recovery certificate

U/Sec. 101 of the Maharashtra Co-operative

Societies Act is issued in favour of respondent /

Bank and against the petitioners. The respondents

could not have initiated proceedings under Rule

107 of the Maharashtra Co-operative Societies

Rules.

of 2003 referred to in the Auction Notice was

filed before the Co-operative Court, Shrirampur

and the judgment has been delivered by the Co-

operative Court, Shrirampur on 04.10.2005,

appropriately exercising it's jurisdiction

U/Sec. 91 of the Maharashtra Co-operative

Societies Act.

3. It does not appear that recovery certificate

U/Sec.101 of the Maharashtra Co-operative

Societies Act is issued in favour of respondent /

Bank.

3 wp 4895.2021

4. Issue notice to the respondents, returnable

on 15.04.2021.

5. Hamdust allowed.

6. Till the next date, the respondents shall not

proceed against the petitioners and their

properties, on condition that the petitioners

deposit Rs.15,00,000/- (Rs. Fifteen Lacs only)

within a period of four (04) weeks.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.]

marathe