The Gadhinglaj Urban Cooperative ... vs Sou. Pooja Ravikumar Nidasoshi ...
2022 Latest Caselaw 12285 Bom

                       (29)-AO-1005-22.doc.

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CIVIL APPELLATE JURISDICTION
                                         APPEAL FROM ORDER NO.1005 OF 2022
                                                        WITH
          Digitally


BALAJI
          signed by
          BALAJI
          GOVINDRAO
                                        INTERIM APPLICATION NO.19277 OF 2022
GOVINDRAO PANCHAL
PANCHAL   Date:
          2022.11.29
          16:52:19
          +0530
                       The Gadhinglaj Urban Cooperative Bank                   ..Appellant
                             Versus
                       Sou. Pooja Ravikumar Nidasoshi & Ors.                   ..Respondents

                       Mr. Surel S. Shah, for the Appellant.
                       Mr. Tejpal Ingale, for the Respondent Nos.1 & 2.
                       Mr. S. S. Redekar, for the Respondent No.6.

                                                       CORAM : NITIN W. SAMBRE, J.

DATE : 28th NOVEMBER, 2022 P.C.

1. Counsel for the respondents/plaintiffs Mr. Tejpal Ingale submits that the suit preferred by the respondents/plaintiffs is maintainable considering the nature of challenge in the plaint which issue is resisted by counsel for the appellant by relying on the division bench judgment of this Court. According to him, in the case of Bank of Baroda Vs. Gopal Shriram Panda & Anr. reported in 2021 SCC Online Bom. 466, it has been held by this Court that in the given situation as reflected in the plaint, the suit is not maintainable as the remedy lies elsewhere.

2. At this stage, Mr. Tejpal Ingale seeks time to make his submissions in response to the above.

3. As such, stand over to 5th December, 2022. To be heard with Appeal from Order (Stamp) No.25561 of 2022.

                                                                   [NITIN W. SAMBRE, J.]

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