Saraswat Co-Op. Bank Ltd. And Anr vs State Of Maharashtra Through The ...
2023 Latest Caselaw 3331 Bom

                                        1                        20 wp 2248-21-c


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIVIL APPELLATE JURISDICTION

                          WRIT PETITION NO.2248 OF 2021


Saraswat Co-operative Bank Limited and anr.                 ... Petitioners
                 V/s.
State of Maharashtra and ors.                               ... Respondents
                                            ---
Mr.Charles D'Souza with Mr.Nikhil Rajani i/by M/s V. Deshpande &
Co., Advocates for the Petitioners.

Ms.S.D.Vyas, "B" Panel Counsel for the Respondents No.1 to 3.
                           ---

                                  CORAM : NITIN JAMDAR AND
                                          ABHAY AHUJA, JJ.

DATE : 03 APRIL 2023.

P.C.:-

1. Heard learned counsel for the parties.

2. This writ petition was part of a group which was referred to the Full Bench of this Court. The Full Bench rendered its decision on 30 August 2022. In the said decision regards this writ petition, following observations were made:-

"270. ....

271. ....

Priya Soparkar





                                             2                    20 wp 2248-21-c


                 272. ....

                 273. ....

274. Though the respondents have chosen not to contest the factual assertions, we are of the opinion that the writ petition ought not to be decided without the date of the CERSAI registration being brought on record.

275. We, thus, direct that this writ petition be re- notified for hearing before the appropriate Division Bench for decision in the light of what has been recorded above in this judgment while answering the questions formulated.

276. Petitioner is granted liberty, within three weeks from date, to file a supplementary affidavit bringing on record the date of the CERSAI registration with supporting documentary proof. The respondents may file reply affidavit within two weeks thereafter. Liberty is given to the parties to seek circulation of the writ petition after six weeks."

* * *

3. The learned counsel for the Petitioners states that Petitioners have now filed an additional affidavit. The learned counsel for the Respondents states that reply would be filed to the additional affidavit. We make it clear that the reference to the liberty to the Respondents to file reply in paragraph No.285 is in the context of the additional affidavit which is mentioned in the said paragraph, as in Paragraph No.283 the Full Bench has noted that the Respondents have not chosen to contest factual assertions in the petition.

Priya Soparkar





                                         3                       20 wp 2248-21-c

4. The reply to the additional affidavit filed by the Petitioners be filed before the next date.

5. Stand over to 26 April 2023.

(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) ....

Priya Soparkar